The prosecution of this case is dismissed.

The summary of the facts charged is the actual representative of C in Ulsan-gu, Ulsan-gu, who runs the signboard manufacturing business with eight regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, at the above workplace from March 20, 2017 to October 10, 2018, did not pay the total of KRW 3,564,312 as wages and retirement allowances of 5 workers within 14 days from the date of retirement as stated in the separate crime list, including that the Defendant did not pay the total of KRW 1,120,000, and retirement allowances of KRW 2,444,312 within 14 days from the date of retirement, and did not pay KRW 46,090,183, respectively, within 14 days from the date of each retirement without agreement between the parties to the extension of the due date.

Judgment

The facts charged in this case are those falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the express will of the victimized workers under the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

However, the indictment of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since each injured worker mentioned in the name of the annexed list of crimes withdraws his/her wish to punish the defendant on October 18, 2019, which was after the prosecution of this case was instituted.