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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the representative of the Housing Redevelopment Promotion Committee in the Southern-gu Incheon Metropolitan City, who runs a service business using two regular workers. A.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant worked in the above workplace from October 4, 2010 to July 31, 2013, and did not pay 2,800,000 won, including 400,000 won in April 2013, 80,000 won in May of the same year, 80,000 won in June of the same year, and 80,000 won in July of the same year, and 80,000 won in money and valuables within 14 days from the date of the retirement, which is the date of the cause of payment, without any agreement between the parties on the extension of payment due date.
(b) An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant worked in the above workplace from October 4, 2010 to April 3, 2013, and did not pay the retirement allowance of KRW 1,558,350 to E to retired workers within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date for payment.
2. The facts charged in the instant case are crimes falling under Article 109(1) of the Labor Standards Act and Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent under 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, the victim expressed his wish to punish the Defendant on January 6, 2014, after the instant indictment was instituted.