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All of the prosecutions of this case are dismissed.
Reasons
1. The Defendant is a user who operates a salary-counting business with the representative director of the Incheon Gyeyang-gu Incheon Metropolitan City Co., Ltd., and 26 full-time workers.
When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
Nevertheless, the Defendant provided labor at the aforementioned workplace from July 16, 2014 to June 30, 2019, and did not pay the total of KRW 161,732,205 of the wages of 29 workers within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned, as shown in the list of crimes in the attached Table, including the fact that the Defendant did not pay the total of KRW 1,679,750 of the wages of 29 workers within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.
(b) An employer in violation of the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Nevertheless, from July 16, 2014 to June 30, 2019, the Defendant provided labor to the above workplace and did not pay KRW 9,078,172 of the retirement allowance D of retired workers within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned, and did not pay KRW 243,149,540 in total for 28 employees as shown in the attached list of crimes in the attached list of crimes.
2. The facts charged in this case are crimes 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 cannot be prosecuted against the victim’s express intent under the proviso of Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, all of the victims’ employees are the victims of this case.