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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is an employer who runs a manufacturing business of mobile phone using 14 full-time workers under the trade name of the Daegu Northern-gu B and 2nd 201 “C”.
(a) When a worker dies or retires from office, an employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, unless agreed by the parties concerned;
Nevertheless, the Defendant, from August 26, 2015 to March 14, 2017, did not pay 1,687,306 won in total, including wages of 187,630 won, on March 3, 2017, to employees D, who retired from the said workplace, within 14 days from the date of retirement without an agreement between the parties, and did not pay 16,451,063 won in total for 12 employees, as shown in the list of crimes in the attached Table.
(b) An employer who violates the Guarantee of Retirement Benefits for a worker shall, where the worker retires, pay the retirement allowance within 14 days after the cause for such payment occurred, unless agreed by the parties concerned;
Nevertheless, the Defendant did not pay KRW 2,496,938 of the retirement allowances of workers D, who retired from the said workplace from August 26, 2015 to March 14, 2017, within 14 days from the date of retirement without an agreement between the parties concerned, and did not pay KRW 26,973,524 of the total retirement allowances of 12 workers within 14 days from the date of retirement, as shown in the list of crimes in the attached Table.
2. The offense of violation of the Labor Standards Act and the offense of violation of the Act on Guarantee of Workers’ Retirement Benefits cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on Guarantee of Workers’ Retirement Benefits.
According to the records, the defendant is recorded in the list of crimes attached to the attached Form on November 8, 2017, which was after the prosecution of this case was instituted in this court.