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The prosecution of this case is dismissed.
Reasons
1. The Defendant, as the representative director of the Dispute Resolution Co., Ltd. in the Chungcheongnam-gun, Jincheon-gun, Chungcheongnam-gun, the charge is an employer who employs eight full-time workers and operates the water shoot manufacturing business.
(a) An employer in violation of the Labor Standards Act shall, if a worker retires, pay him/her wages within fourteen days after the cause for such payment occurred;
Nevertheless, the Defendant did not pay D’s total amount of KRW 404,960 on August 9, 2015, which was worked at the said workplace from March 9, 2015 to March 10, 2016; KRW 171,627 on September 2015; KRW 604,960 on October 2015; KRW 1,750,000 on January 1, 2016; KRW 1,750,00 on February 1, 2016; KRW 583,30 on March 3, 2016; KRW 5,264,877 on September 14, 2015; and KRW 1,750,000 on January 9, 2016; and KRW 583,30 on March 10, 2016;
(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;
Nevertheless, the Defendant did not pay KRW 1,744,90 of D retirement pay from March 9, 2015 to March 10, 2016 at the same place of business within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.
2. Determination is an offense falling 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, Article 109(2) of the Labor Standards Act, the proviso of Article 44 of the Workers’ Retirement Benefits Guarantee Act, and the victim’s explicit intent against the employer.
According to the records, it is recognized that the injured employee expressed his wish not to punish the accused after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.