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The prosecution of this case is dismissed.
Reasons
The defendant is the representative of the division-gu Seoul Special Metropolitan City, Gyeonggi-do, and is an employer who operates the manufacturing business by employing 18 full-time workers as the representative of the division-gu B.
1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
Nevertheless, the Defendant did not pay the aggregate of D’s wages of March 2017, which were worked from October 25, 2007 to April 4, 2019, wages of 2,592,870 won, wages of 4,376,66,67 won in August 2017, and wages of 4,376,67 won in September 2017, and wages of 4,376,66,67 won in October 37, 2017, wages of 4,376,66,67 won in April 4, 2017, wages of 4,376,67 won in December 4, 2017, wages of 4,376,376,66,67 won in December 1, 2017, wages of 1,5, 2015, 361, 369, 3794, 205
2. 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
Nevertheless, the Defendant did not pay KRW 50,139,690 of D retirement pay, which was worked from October 25, 2007 to April 4, 2019 at the above workplace, within 14 days from retirement without any agreement between the parties on extension of the due date.
Judgment
Each of the facts charged in the instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and is not prosecuted against the explicit intent of each victim under Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.
However, according to the records, a written application for a punishment not to want the punishment of the defendant prepared by the victim D after November 25, 2019, which was prosecuted in the instant case, was filed in this court on February 25, 2020.