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The prosecution of this case is dismissed.
Reasons
1. The Defendant is the representative director of the company engaging in taxi transport business under the trade name, namely, C Co., Ltd. in Echeon-si. A.
When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the Defendant, at the above workplace from July 12, 199 to September 30, 2014, did not pay 13,522,040 won, including four victim’s wages, annual allowances, and monthly leave allowances, within 14 days from the date of retirement where the cause for payment occurred, as stated in the attached crime sight table, as well as 691,280 won in May 2014.
(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 did not pay the total amount of KRW 30,188,630 of the victim four retirement allowances as stated in the list of crimes in the attached Table, as well as KRW 7,822,690 of the victim D's retirement allowances from July 12, 1999 to September 30, 2014, within 14 days from the date on which the cause for the payment occurred, without agreement between the victims and the victims on the extension of the due date.
2. The determination is based on the case that falls under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the agreement compiled in the records, the above victims can recognize the fact that they have withdrawn their wish to punish the Defendant on December 15, 2015, after the institution of the instant prosecution.