Text
The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is that the Defendant is the actual operator of the Bank of Korea Co., Ltd., in Namyang-si, who operates the manufacturing industry by employing 15 full-time workers.
When a worker retires, an employer shall pay the retirement allowance within 14 days from the date on which the cause for such payment occurred, unless there exists any agreement between the parties on extension of the due date for payment.
Nevertheless, the Defendant, employed by the Defendant, worked from November 16, 2016 to February 28, 2017 at the said workplace, and retired from office, did not pay 18,686,670 won in total of seven workers within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of the payment date, as stated in the detailed statement of overdue wages in attached Form 2017, including KRW 1,690,00.
2. Determination
(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;
B. After the prosecution of the instant case, a statement of withdrawal of the petition stating the employee’s expression of non-exclusive intent to punish is submitted.
(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;