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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is an employer who operates a software development company (ju)C with eight full-time workers in the Daejeon Pung-gu B 3rd.
When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.
Nevertheless, from January 1, 2008 to June 10, 2013, the Defendant did not pay the total of KRW 19,933,000, the amount of KRW 502,084, including KRW 502,084, and KRW 20,435,084, including the amount of KRW 93,275,006,06, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned, as shown in the separate list of crimes, as shown in the separate list of crimes, the Defendant did not pay the total of KRW 93,275,006, within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.
(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Nevertheless, from January 1, 2008 to June 10, 2013, the head of the division in the above workplace is working for the defendant.
The retirement allowance of 13,367,570 won was not paid within 14 days from the date of the retirement without an agreement on the extension of the due date between the parties concerned, and the total amount of 41,584,970 won of the retirement allowance of 5 employees was not paid within 14 days from the date of the retirement without an agreement on the extension of the due date between the parties concerned as shown in the separate list of crimes
2. The facts charged in this case are those falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the employee’s explicit will under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.