Text
The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the representative of the Nam-gu Incheon Metropolitan City Dispute Resolution Co., Ltd., who operates a manufacturing business with 45 regular workers. A.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant, at the above workplace, worked from August 1, 2009 to December 20, 2013 and retired from the workplace, did not pay KRW 13,506,511 in total for three retired workers as well as KRW 875,034 in April 2013.
(b) Where a worker retires, the employer shall pay the retirement allowance within 14 days after the cause for such payment occurred;
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant had worked from August 1, 2009 to December 20, 2013 at the above workplace and had retired D’s retirement pay of KRW 9,253,938, as well as KRW 13,916,449, the sum of retirement allowances for three retired workers, such as the list of crimes, did not pay each of them within 14 days from the date of retirement without an agreement on extension of the due date between the parties.
2. 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 cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. The withdrawal of the complaint, on October 10, 2014, stating the intent not to punish the Defendant, after the institution of the instant indictment, is made in this court.