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The prosecution of this case is dismissed.
Reasons
1. In the facts charged, the Defendant is the representative of the petitioner-gu B and 111 (state)C at the time of hearing, who is a full-time worker and operates a development and manufacturing business of call dyp values using six full-time workers.
(a) An employer in violation of the Labor Standards Act shall, if a worker retires, pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
The Defendant, as from September 23, 2013 to September 29, 2015, worked as an employee at the pertinent workplace and retired workers D on September 9, 2015, did not pay the total of KRW 47,349,090 of the wages of three retired workers within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline, including the details of delayed payment in the attached crime list.
(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;
The Defendant, from September 23, 2013 to September 29, 2015, worked as an employee at the pertinent workplace and retired employee D’s retirement allowance of 3,950,566 won, including the details of arrears in the attached Table of Crimes, did not pay 50,972,947 won to the retired employee within 14 days from the date of retirement, without any agreement between the parties on the extension of payment deadline.
2. The facts charged are as follows: (a) Articles 109(1) and 36 of the Labor Standards Act; and (b) Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits cannot be prosecuted against the victim’s explicit intent; (b) ten retired workers, the victims of the attached crime, expressed their intention not to be punished after the prosecution.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.