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Each of the instant public prosecutions is dismissed.
Reasons
1. The summary of the facts charged is the representative director of the company C Co., Ltd. located in Nam-gu Incheon Metropolitan City, who is running a construction business with seven full-time workers. A.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant had worked from January 6, 201 to December 31, 2012 at the above workplace and had not paid the total of KRW 11,589,474, including the total of KRW 11,589,474, as well as the total of two wages, such as D, within 14 days from the date of retirement, without an agreement on extension of the due date between the parties concerned.
(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant had worked from January 6, 201 to December 31, 2012 at the above workplace, and had not paid 7,765,030 won, including 3,891,600 won of retirement pay during the period of service of D during the period of his/her retirement, as well as 7,765,030 won, such as D, without any agreement on extension of the payment date between the parties concerned, within 14 days from the date of his/her retirement.
2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against each victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the contents on withdrawal of each authentic document of D and E, the victim D and E, after the instant indictment was instituted.