The prosecution of this case is dismissed.

The summary of the facts charged is that the defendant is the representative director of D Co., Ltd., which is a building B in Ulsan-gun, and runs a vessel processing business using 30 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, at the above workplace from March 18, 2015 to October 31, 2018, worked as the production worker of the electrical equipment of a ship and retired worker E, and did not pay the total of KRW 1,850,000 for September 1, 2018, and the total of KRW 2,910,000 for wages and retirement pay for October 2, 2018, and KRW 5,139,282 for retirement pay within 14 days from the date of retirement, as shown in the list of crimes in the attached Table, and did not pay KRW 216,52,176 for wages and retirement pay for 30 workers within 14 days from the date of each retirement without agreement between the parties to the extension of the payment date.

Judgment

The facts charged in this case are those 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, and cannot be prosecuted against the express will of the victimized workers under the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

However, the indictment of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since each injured worker mentioned in the name of the annexed list of crimes withdraws his/her wish to punish the defendant on June 20, 2019, which was after the prosecution of this case was instituted.