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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is a person who operates C in Jeju City, and runs wholesale and retail business with two regular workers. 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.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant is working in the above workplace from February 3, 2014 to January 31, 2019.
A retired worker D’s total amount of KRW 20,00,000,000, including wage of KRW 400,000 on June 6, 2018, was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.
(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
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the defendant works from February 3, 2014 to January 31, 2019 at the above workplace.
The retirement allowance of retired workers D was not paid 13,688,140 won within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the payment.
2. The case is a crime 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, which cannot be prosecuted against the 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 records, the victim on August 19, 2019, which was after the prosecution of the case, shall be the victim on August 19, 2019.