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The prosecution of this case is dismissed.
Reasons
1. The Defendant is an employer who operates C with 7 full-time workers in the petition-gu, Cheongju-si, a company that manufactures the second electric batteries, using 7 regular workers.
1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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, D’s wage 2,86,190 won in September 2016, 2016, which had been employed as a business position from January 21, 2016 to November 30, 2017, and D’s wage 2,886,190 won in November 3, 2016, and wage 2,886,190 won in November 2, 2016, and 2,886,190 won in December 2, 2016, and 83,333, and 306,190 won in June 2017, and wages 2,886,190 won in July 30, 2017, and 303,303,394,3939, etc. in the aggregate of the parties’ retirement from office within the agreed date without agreement.
2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the aforementioned workplace did not pay KRW 6,141,802 of D retirement pay from January 21, 2016 to November 30, 2017, within 14 days from the date of retirement without an agreement between the parties on the extension of payment deadline.
2. Determination
(a) Applicable Act: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers' Retirement Benefits Guarantee Act;
(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 (1) of the Guarantee of Workers' Retirement Benefits Act;
C. On December 20, 2018, after the institution of the instant case, a letter of withdrawal of the complaint containing the expression of intention not to punish victimized workers on December 20, 2018.
(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;