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The prosecution of this case is dismissed.
Reasons
1. The defendant in the public office is the actual manager of the Gangnam-gu Seoul Metropolitan Government Co., Ltd., who ordinarily employs 40 workers and operates wholesale and retail business.
When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
Nevertheless, the Defendant is working from September 1, 2008 to December 31, 2016 at the Defendant’s workplace.
The amount of KRW 7,105,240, total amount of KRW 6,105,240, the amount of annual paid leave paid on November 2016, and KRW 500,000, the amount of KRW 500,000, which was paid on December 2, 2016, and the amount of KRW 7,105,240, including the amount of KRW 8,825,610, including two workers’ wages, as shown in the list of crimes in the attached Table, was not paid within 14 days from the date of each retirement without agreement between the parties to the extension of the due date.
(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Nevertheless, the Defendant is working from September 1, 2008 to December 31, 2016 at the Defendant’s workplace.
The retirement allowance of 26,570,130 won was not paid within 14 days from the date of the retirement and the total amount of 36,356,584 won of the retirement allowance of 4 employees was not paid within 14 days from the date of each retirement without agreement between the parties to the extension of the due date, as shown in the list of crimes in the attached list of crimes.
2. Determination:
(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 (1) and 9 of the Guarantee of Workers' Retirement Benefits Act;
(b) Crimes of non-violation of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.
C. After the prosecution of this case, the victim D, E, F, and G expressed their intention not to be punished by the defendant.
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;