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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is a person who operates C in Kimhae-si, and runs a manufacturing business using two 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 14 days after the cause for such payment occurred;
Nevertheless, the defendant provided labor to the above workplace from April 20, 201 to October 16, 2020 and did not pay the total of KRW 15,000,000 [1,209,678 Won (the wage in April 2, 2020) 2,50,000 (the wage in May 2020) (the wage in June 2020) 2,50,000 won (the wage in June 2020) 2,50,500,000 won (the wage in July 2020) 2,50,500 won (the wage in August 2020) 2,50,000 won (the wage in September 1, 2020), the wage in September 1, 200, 2029, 320,2020 won (the wage in September 1, 2020) 1,20320].
(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 provided labor to the above workplace from April 20, 2018 to October 16, 2020, and did not pay KRW 6,104,078 of the retirement allowances of retired workers D within 14 days from the date of his retirement without an agreement on the extension of the payment deadline between the parties.
2. The facts charged in this part of the judgment are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers’ Retirement Benefit Security Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, the proviso of Article 44 subparag. 1 of the Workers’ Retirement Benefit Security Act.
However, since the victim, after the institution of the prosecution of this case, expressed his wish not to punish the defendant, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.