The prosecution of this case is dismissed.

Punishment of the crime

The defendant is the actual manager of the L-si Co., Ltd., which is in Pyeongtaek-si B, and is an employer who operates the manufacturing business of general industrial machinery using ten full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

The Defendant did not pay 164,814,120 won for total wages of three retired workers within 14 days from the date of retirement, as stated in the list of crimes in attached Table, including 6,66,60 won on January 1, 2017 with respect to retired workers D who worked in the said workplace from January 1, 2017 to January 31, 2018, without any agreement between the parties on the extension of the payment deadline.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

The Defendant did not pay the retirement allowances of 14,602,434, total sum of 14,602, and 434 of retirement allowances of 2 retired workers, as shown in the list of crimes in the attached Table, as well as the retirement allowances of 7,057,765, retired workers D, who worked in the said workplace from January 1, 2017 to January 31, 2018, within 14 days from the date of retirement, without any agreement between the parties on the extension of payment deadline.

Summary of Evidence

Each of the above crimes is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and is not prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

In this regard, after the prosecution of this case was instituted, a document stating the purport of the employee's withdrawal of his wish to punish the defendant was submitted to this court.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.