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All of the prosecutions of this case are dismissed.
Reasons
The defendant is an employer who has operated C by manufacturing chain Co., Ltd., by employing three full-time workers in No. 1 and No. 2 of the 1st floor of the building located in Ansan-si Group B.
Where an employee retires, an employer shall pay wages, compensations, and all other money, valuables, and retirement allowances, unless there exists any agreement between the parties on the extension of the fixed date, within 14 days after the cause for such payment occurred.
1. The Defendant violated the Labor Standards Act: ① (a) the sum of the wages 21,820,440 won of retired workers D, who were employed at the aforementioned workplace on March 19, 2016 through May 2, 2017; (b) the wages 8,33,000 won of retired workers E, who were employed on December 31, 2015 through July 11, 2016; and (c) the total amount of wages 20,880,645 won of retired workers F, who were employed on December 31, 2015 through May 2, 2017; and (d) the total amount of wages 20,80,645 won of retired workers’ wages ranging from March 2, 2016 to August 1, 2016; and (d) the number of wages 1,382,2700,51 to 38,15,2016.
2. The Defendant violated the Act on the Guarantee of Workers’ Retirement Benefits did not pay KRW 5,828,432 as well as KRW 2,452,304 as well as KRW 3,376,128 as well as KRW 5,828,432 as well as KRW 3,376,128 of the above F’s retirement allowances within 14 days from the date of retirement without mutual consent
The reasoning for dismissing the public prosecution is that the facts charged in the instant case falls under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and Article 109(2) of the Labor Standards Act, and Article 44 proviso of the Guarantee of Workers’ Retirement Benefits Act cannot be prosecuted against the victim’s explicit intent.
According to the records, the following intent is that G, HA, D, E, and F do not want punishment for each of the above charges on November 5, 2018, which was after the prosecution was instituted.