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The prosecution of this case is dismissed.
Reasons
1. The Defendant is the representative director of C, a corporation in Sungnam-gu, Sungnam-si, who runs food distribution business using 47 full-time workers.
When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.
The Defendant worked at the sales store in Pyeongtaek-si E from October 1, 2012 to October 18, 2013, and did not pay the total of KRW 7,969,365 of wages for three retired workers within 14 days from the date of retirement without agreement between the parties to the extension of the payment date, as shown in the separate crime list, as well as KRW 765,00 on July 7, 2013 for retired workers F.
(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and
The Defendant, while working at the sales store in Pyeongtaek-si D from October 1, 2012 to October 18, 2013, did not pay retirement allowances of KRW 1,370,360 to retired workers F, as shown in the attached crime list, to two retired workers, within 14 days from the date of retirement, without agreement between the parties to the extension of the payment deadline.
2. The case is one of the cases in which a public prosecution cannot be instituted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act, and Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the victims may recognize the fact that they have withdrawn their wish to punish the Defendant on June 27, 2014, which is the case after the prosecution of this case.
Therefore, Criminal Procedure Act.