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All of the prosecutions of this case are dismissed.
Reasons
1. The Defendant in the facts charged in the instant case is an employer who ordinarily employs five workers as the representative of a printing company in Changwon-si Masan-si Co., Ltd. and operates manufacturing and printing business.
(a) 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 14 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.
However, Defendant D did not pay KRW 7,30,340,00,000 as total of the wages 1,728,050 won for April 2015, 2015, the wages of 1,857,430 won for May 2015, and the wages of 1,857,430 won for June 2015, and the wages of 1,857,857,430 won for July 2015, without agreement between the parties on the extension of the payment period between the parties.
(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
However, the Defendant did not pay KRW 39,124,270 of the retirement allowances of retired workers D within 14 days from the date of retirement, which is the date of the occurrence of the relevant payment cause, without any agreement between the parties on the extension of the payment period, while serving as the supply and business worker from February 1, 1995 to July 31, 2015.
2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, or Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act, or the proviso to Article 44 of the Workers’ Retirement Benefit Security Act.