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All of the prosecutions of this case are dismissed.
Reasons
1. The Defendant is the representative director of the Gangnam-gu Seoul Metropolitan Government D Co., Ltd., who employs 10 full-time workers and operates service business.
1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred;
Nevertheless, the Defendant is working in the above workplace from August 10, 209 to March 31, 2016.
A retired worker E’s wage of KRW 3.4 million in March 2016 and the wage of KRW 7.26 million in total was not paid within 14 days from the date of retirement without any agreement on extension between the parties concerned of the due date, as shown in the attached list of crimes.
2. 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
Nevertheless, the Defendant is working in the above workplace from August 10, 209 to March 31, 2016.
The retirement allowance of retired workers E, including 22,350,020 won, did not pay 30,049,120 won in total for three workers as shown in the attached list of crimes, within 14 days from the date of retirement, without any agreement on extension between the parties concerned of the due date.
2. Each of the facts charged in the instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act or Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act or the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the facts can be acknowledged that the victimized workers of the instant case have withdrawn their wish to punish the Defendant after the institution of the prosecution. Accordingly, each of the above facts charged is dismissed under Article 327 subparag. 6 of the Criminal Procedure Act.