The prosecution of this case is dismissed.

The summary of the facts charged is that the defendant, as the representative of the C Company in Yangsan City, is an employer who is engaged in the manufacturing of shipbuilding machinery and equipment, employing 11 full-time workers.

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

Nevertheless, the Defendant, at the same place of business, worked from March 17, 2017 to November 30, 2018 at the above place of business, and did not pay the total of 88,686,687 won and the total of 50,777,302 won of the wages of 11 employees as shown in the attached crime list, including the wages of 2,916,670 won in September 9, 2018 of the retired workers D, within 14 days from the date of retirement without agreement between the parties on 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, on September 23, 2019, after each injured worker mentioned in the name of the list of crimes in the annexed list, withdraws his/her wish to punish the defendant on September 23, 2019, and the indictment of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.