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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is that the Defendant is the representative director of C, a company located in Gyeongnam-gun B, and an employer as a person in charge of operating a train facility business with 16 full-time workers.
(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 fourteen days after the cause for such payment occurred;
Nevertheless, the Defendant did not pay the total amount of 7,896,825 won, including the total amount of wages, bonuses, and the annual settlement refund, within 14 days from the date of the retirement, which is the date of the occurrence of the cause of payment, as well as the total amount of 7,896,825 won, as stated in the attached Table, as well as part of 288,381 won of the wages of the retired employee D, which was part of March 2013 of the retired employee D, as quality manager, from April 1, 2010 to July 31, 2016.
(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, the Defendant did not pay the total amount of KRW 48,489,796 to four employees of the said workplace within 14 days from the date of retirement, which is the date of occurrence of the cause of payment without agreement between the parties on the extension of the payment deadline, as stated in the details of the money and valuables in arrears by each individual, as well as part of KRW 11,871,08 of the retirement allowances of employees D who retired from the said workplace as above at the said workplace.
2. Each of the facts charged in the instant case is an offense against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.
After the institution of the instant prosecution, the victims expressed their intent not to be punished against the Defendant in this court on January 16, 2017, January 17, 2017, and January 19, 2017, respectively.