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All of the prosecutions of this case are dismissed.
Reasons
1. Summary of the facts charged
A. The Defendant is an employer who operates a human resources supplier company with 60 full-time workers on the 5th floor of Gwangju Dong-gu Seoul Building.
(1) The Defendant is working in the above workplace.
A retired worker D, E, F, or G did not pay 8,201,270 won in total, and 2,942,820 won in the worker H's retirement allowance within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.
(2) The Defendant is working in the same workplace as indicated in the attached list of crimes.
The total amount of retirement allowances of 14,762,680 won, such as I, J, K, L, M, N,O, P, etc., 4,606,190 won, including I, J, J, K, and L, did not pay 14 days after the date of retirement, without any agreement between each party on the extension of the due date.
B. The Defendant is a de facto manager of QR Co., Ltd. located in Yongnam Cancer, who runs a transportation company using 16 full-time employees.
The defendant works in the above workplace.
A total of 16,798,230 retirement allowances of six workers, such as S, T, U,V, W, and X, did not pay 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.
2. Of the facts charged above, each of the charges constitutes a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the same Act. Each of the charges on retirement benefits is an offense falling under Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act and also cannot be prosecuted against the victim’s explicit intent pursuant to the proviso to Article 44 of the same Act.
However, according to the records, it can be recognized that all of the above workers who are victims after the prosecution of this case had expressed their intention not to punish the defendant, and therefore, in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.