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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the defendant as the representative director of the corporation C in Busan Seo-gu, who is a full-time employee of the corporation C and operates a leather manufacturing business using approximately 200 full-time workers.
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 the date may be extended by mutual agreement between the parties in extenuating circumstances.
1. In arrears with respect to non-registered executives, the Defendant did not pay the amount of wages, annual allowances, retirement allowances, total amount of KRW 296,380,80,809 from November 11, 2014 to May 10, 2017 within 14 days from the date of retirement, which is 19,092,060, the total amount of wages, including August 201, 2016, of the retired workers D, including KRW 5,624,99, retirement allowances, KRW 15,609,969, and KRW 40,327,028, as shown in the attached list of crimes (1) of the attached list of crimes.
2. The Defendant in arrears with employees, etc. was working as an engineer from March 25, 2016 to June 26, 2017 at the said workplace and did not pay the amount of KRW 124,827,147 in total, including the total of KRW 2,314,580 in monthly wage of retired workers E and the total of KRW 2,631,580 in annual salary, retirement pay, KRW 5,539,448 in annual salary, and KRW 10,485,028 in the attached crime list (2) in the attached crime list, as in the previous crime list (2).
2. In light of the determination, each of the instant crimes falls under Article 109(1) of the Labor Standards Act, Article 109(2) of the Labor Standards Act, Article 44(1) of the Workers’ Retirement Benefit Security Act, and may be prosecuted against the clearly expressed will of the victimized worker under the proviso of Article 44 of the Workers’ Retirement Benefit Security Act.