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The prosecution of this case is dismissed.
Reasons
1. The Defendant, as the representative of Co., Ltd. on the second floor of the building B in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, who is engaged in manufacturing and wholesale business of medical devices using 84 full-time workers.
Where an employee retires, an employer shall pay wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.
[2017 Highest 477] Defendant Company did not pay the total amount of D wages of KRW 32,792,904 and retirement allowance of KRW 17,676,804, which were worked from June 24, 2013 to November 18, 2016 at the same place of business within 14 days from the date of retirement without agreement between the parties on the extension of payment deadline.
[2017 Highest 560] Defendant Company did not pay the total wages of KRW 13,98,707 and retirement allowances of KRW 6,038,658, from each retirement date without agreement between the parties on the extension of the payment date between the parties concerned, to E working at the said workplace from November 3, 2014 to January 31, 2016 and F working from October 2014 to February 29, 2016.
[2017 Highest 829] Defendant Company did not pay the total amount of wages of 47,471,760 won and retirement allowances of 36,76,787 won as well as the total amount of wages of 37,47,760 won and retirement allowances of 36,76,787 won within 14 days from each retirement date without agreement between the parties on the extension of payment date, as shown in the attached list of crimes (2) in the above workplace, from April 2, 2012 to June 30, 2016.
2. The facts charged of the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, and each of the labor standards cannot be prosecuted against the employee’s explicit intent of the victimized party under Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the records, the employee F and E submitted a written withdrawal of complaint on December 19, 2016, after the instant indictment, and the remainder of May 22, 2017.