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All of the prosecutions of this case are dismissed.
Reasons
1. The Defendant in the facts charged of this case is an employer as the representative of C Co., Ltd. located in Haan-gun, Hahnam-gun, who ordinarily employs eight workers and operates a manufacturing business of steel structures.
(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;
However, the Defendant did not pay a total of KRW 1,886,00,000 to 14 days from the date of retirement, which is the date of occurrence of the relevant cause for payment, without agreement on the extension of the due date of payment between the parties, as stated in the detailed statement of money and valuables in attached Form, as well as the total of KRW 9,433,00,000,000,000,000,000 from February 9, 2012 to December 13, 2015, as well as the total of wages of KRW 9,433,00 from September 2015 to December 2015.
(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;
However, the Defendant did not pay the total amount of KRW 21,95,379 as well as KRW 10,50,50,000 of the retirement allowances of employees D, who were employed in the above workplace as above, and retired, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without the agreement between the parties on the extension of the payment period.
2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, or Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act, or the proviso to Article 44 of the Workers’ Retirement Benefit Security Act.
According to the records, the victims wish to punish the defendant on August 25, 2016, which was after the prosecution of this case was instituted.