The prosecution of this case is dismissed.

The defendant is the employer who has employed more than 40 full-time workers as the representative director of the E Co., Ltd. in Yong-gu, Chungcheongnam-gun, Kim Young-gun and operated a construction business.

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 fourteen days after the cause occurs;

From April 22, 2014 to November 30, 2016, the Defendant did not pay the total of KRW 20,888,480 to three workers within 14 days from the date of retirement without any agreement on extension of payment date between the parties concerned, as stated in the list of crimes in the attached Table, including KRW 3,846,160, which was worked at G construction site located in Echeon-si F, as well as KRW 3,846,160 on September 2, 2016.

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

From April 22, 2014 to November 30, 2016, the Defendant did not pay KRW 9,942,230, total amount of eight employees, including KRW 54,589,232, as stated in the list of crimes in the attached crimes, within 14 days from the date of retirement, without any agreement between the parties on the extension of payment deadline.

Judgment

The facts charged of this case fall under Articles 109(1) and 36 of the Labor Standards Act, main text of Article 44 subparag. 1, and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits. Since each worker does not want the punishment of the defendant, Article 109(2) of the Labor Standards Act, the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits, and Article 327 subparag. 6 of the Criminal Procedure Act are dismissed.