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The prosecution of this case is dismissed.
Reasons
1. Summary of facts charged
(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;
Nevertheless, the Defendant did not pay the total amount of KRW 3,054,137, which was worked in the said workplace from March 1, 2012 to September 30, 2016, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline, as stated in the list of crimes in the attached Form, and did not pay the total amount of KRW 13,68,261 within 14 days from the date of retirement, as stated in the list of crimes in the attached Form.
(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;
Nevertheless, from March 1, 2012 to September 30, 2016, the Defendant did not pay KRW 6,883,974 of retirement pay to employees D, working at the workplace specified in paragraph 1 operated by the Defendant, within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties, and did not pay KRW 23,655,497 in total, as indicated in the list of crimes in the attached crime list, within 14 days from the date of retirement without agreement on the extension of payment deadline between the parties.
2. The judgment below is the crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on Guarantee of Workers’ Retirement Benefits, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on Guarantee of Workers’ Retirement Benefits. The records reveal the fact that the victimized worker expressed his/her intent not to punish the Defendant after the institution of the instant indictment. Thus, Article 327 of the Criminal Procedure Act is applicable.