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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the employer who runs the manufacturing business of timber components in the trade name of “C” by employing five full-time workers from the Nam-gu Incheon Metropolitan City B & 141B-3L.
When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.
(However, if there are special circumstances, the date may be extended by mutual agreement between the parties). Nevertheless, the suspect served as the head of the production management division from September 15, 2009 to July 31, 2013 in the above workplace and retired from the said workplace within 14 days from the date of retirement without mutual agreement between the parties on the extension of the due date for payment. The suspect did not pay the total of KRW 14,50,369,369, 210 in February 1, 2013, the monthly wage of KRW 2,50,000 in April 2,50, the monthly wage of KRW 2,50,000 in June 2,50, 500, the monthly wage of KRW 2,500,000 in July 2, 200, and KRW 2,369,210 in total, within 14 days from the date of retirement without agreement between the parties.
(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and
(However, if there are special circumstances, the date of payment can be extended by agreement between the parties). Nevertheless, the suspect served as the head of production management division from September 15, 2009 to July 31, 2013 at the same place of business and did not pay KRW 9,487,789 of D retirement pay within 14 days from the date of retirement without agreement on extension of the due date between the parties.
2. In light of the records, the crime falls 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 pursuant to Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. The victim D expressed his/her wish not to punish the Defendant around June 9, 2014, which was the date the instant prosecution was instituted.