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The prosecution of this case is dismissed.
Reasons
1. The Defendant is the representative director of Gangdong-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., which is in the second floor of the building B and operates the manufacturing industry with 20 full-time workers.
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.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 6,450, and KRW 320,00,00,000 on June 20, 2018, which served from February 20, 2017 to August 2, 2019 at the same place of business, within 14 days from the date of retirement without agreement on the extension of the payment date, for the total amount of KRW 1,913,440, and KRW 359,740, July 2, 2018, wage 2,613,540, and the year-end settlement refund in 2018, as KRW 1,402,750, and money and valuables, such as KRW 160,850, and KRW 320,00,00 from the date of retirement.
(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 is working from February 20, 2017 to August 2, 2019 at the above workplace.
The retirement allowance of 10,784,980 won for retired D was not paid within 14 days from the date of retirement, which is the date of the occurrence of the relevant cause for payment, without agreement between the parties to the extension of the due date.
2. Determination is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, 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 of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. Since the victim expressed his/her intention not to prosecute the Defendant on September 25, 2020, the instant public prosecution is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.