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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is that the Defendant, as the representative C Co., Ltd. located in Scheon-si, was engaged in wholesale and retail business (resale) with 100 full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW F’s wages of KRW 598,00,00 on September 9, 2014, working at E-Reduction Points located in Incheon Southern-gu, Incheon, from November 11, 2012 to September 30, 2014, within 14 days from the date of retirement without agreement between the parties on extension of the due date.
(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 1,120,310 of the F's retirement allowances working at the E-Reduction Store located in Incheon Southern-gu Incheon Metropolitan City from November 1, 2012 to September 30, 2014 at the above workplace within 14 days from the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date.
2. Of the facts charged in the instant case, judgment A.
Paragraph (1) is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and is subject to Article 109(2).
Paragraph (1) is a crime falling under Article 44 subparagraph 1 or 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's explicit intent under the proviso of Article 44. The victim expressed his/her intention not to be punished against the defendant on June 3, 2015, which is after the public prosecution of this case was instituted. Thus, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.