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All of the prosecutions of this case are dismissed.
Reasons
1. The Defendant is the representative director of C in the facts charged, who ordinarily employs 15 workers, and operates the manufacturing business.
1. 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;
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, Defendant 1 had worked in the above workplace on September 16, 2014; D’s wage of 1,591,070 won; wage of 2,338,710 won on October 2014; wage of 2,338,710 won; wage of 2,500,000 won on November 2, 2014; wage of 1,250,000 won; wage of 1,250,000 won on December 1, 2014; wage of 143,030 won on the refund of income tax for 2014; and wage of 143,030 won on February 5, 2015; wage of 2,79,510 won; wage of 80,00,000,000 won; and wage of 3037,37,205,37,2015.
2. When a worker retires, an employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred;
Nevertheless, the Defendant did not pay KRW 6,314,084 of D retirement pay as stated in the above “A” until 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.
2. Each of the facts charged of 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 Act on the Guarantee of Workers’ Retirement Benefits. The case where a public prosecution cannot be instituted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act or Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the records, the victims have expressed their wish not to punish the Defendant by mutual consent only with the Defendant after the instant public prosecution was instituted. Thus, pursuant to Article 327 subparag. 6 of the Criminal Procedure Act, the victims expressed their intent not to punish the Defendant.