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All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged is that the Defendant is the actual manager of the company located in the Southern-gun C Co., Ltd. located in the Southern-gun, who ordinarily employs ten workers and operates a manufacturing business.
(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 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: (a) retired from the said workplace as of September 30, 201 to March 14, 2016; (b) paid KRW 2,00,000 on December 12, 2015; (c) wages of KRW 3,750,000 on January 1, 2016; (d) wages of KRW 3,750,000 on February 2, 2016; and (e) wages of KRW 11,250,000 on March 3, 2016; and (e) did not pay KRW 11,250,000 on the total of wages of KRW 1,750,00 on March 1, 206; and (e) did not agree to extend the payment period between the parties.
(b) An employer shall pay a retirement allowance within 14 days after the cause for payment thereof occurred, if a worker retires;
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 16,542,224 of D retirement pay from September 30, 201 to March 14, 2016 at the above workplace without any agreement on the extension of payment deadline between the parties.
2. Determination of the facts charged is a crime falling under Articles 109(1) and 36 of the Labor Standards Act (the fact that gold is not liquidated), Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (the fact that payment is not made) and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. It is recognized that the injured person explicitly expressed his/her intention not to punish the Defendant on August 24, 2017, which is after the prosecution of this case.
Therefore, Article 327 of the Criminal Procedure Act is amended.