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All of the prosecutions of this case are dismissed.
Reasons
1. The Defendant, as the representative of the D Hospital located in Dobong-gu Seoul Metropolitan Government, is an employer who employs 42 full-time workers and operates health business.
From October 1, 2007 to July 31, 2016, the Defendant did not pay 2,200,000 won for workers E who retired from the said workplace on June 6, 2016, wage of 2,200,000 won on July 7, 2016, and the annual paid leave allowance of 806,700 won, retirement allowance of 19,027,570 won, and 24,224,270 won within 14 days from the date of retirement without agreement between the parties on the extension of the payment period between the parties, and did not pay 34,986,600 won from the date of retirement without agreement on the extension of the payment period of 19,00 won as stated in attached Table 1.
The defendant of "2017 Highest 2918" is the representative of the D Hospital located in Dobong-gu Seoul Metropolitan Government, who employs 42 full-time workers and operates a health business.
From June 11, 2013 to February 16, 2017, the Defendant did not pay KRW 2,00,000 as wages of June 6, 2016, KRW 2,000,000 as wages of July 201, 2016, KRW 2,000,000 as wages of December 201, 2016, KRW 2,000,00 as wages of January 2, 2017, KRW 1,142,850 as wages of February 1, 2017, KRW 16,454,890 as retirement allowances, and KRW 16,454,890 as wages of February 1, 2017, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date between the parties concerned.
2. The facts charged in the instant case are the crimes falling under Article 109(1) of the Labor Standards Act, Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act, and Article 44 of the Guarantee of Workers’ Retirement Benefits Act.
However, according to the statement of each written application for failure to take measures submitted to this court and the written statement of non-original confirmation of punishment for violation of the Labor Standards Act, the worker who is the victim is the defendant.