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All of the prosecutions of this case are dismissed.
Reasons
The defendant in the factory office is the user who operates service business using two full-time workers, who is the C representative director of the Dispute Resolution Co., Ltd. in Sinpo-si B and 1.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date when the cause for such payment occurred, but the Defendant, from October 6, 2016 to August 30, 2019, did not pay the wages of KRW 1,408,100 from the date of retirement within 14 days from the date of retirement without agreement between the parties to the extension of the due date for payment.
B. Where an employee retires, the employer shall pay the retirement allowance within 14 days from the date on which the cause for the payment occurred, but the Defendant did not pay the retirement allowance of DD 4,955,660 from October 6, 2016 to August 30, 2019, respectively, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.
Maz.
(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 (1) and 9 of the Guarantee of Workers' Retirement Benefits Act;
(b) Crimes of non-performance of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.
C. On October 31, 2019, after the prosecution of this case, workers D expressed his intention not to punish the Defendant.
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;