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The prosecution of this case is dismissed.
Reasons
The defendant in the factory office is the employer as the representative director of C in the Gyeong-gun, Gyeong-gun, Gyeong-gun.
1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
Nevertheless, the Defendant did not pay the total amount of KRW 10,737,848 of the D wages that he retired from office from the above company from June 11, 2013 to May 6, 2015, and did not pay the total amount of KRW 10,737,848 of the D wages to all six employees, such as the details of delayed payment of individual money and valuables in attached Form, without any agreement on the extension of the due date, until 14 days have elapsed from the date of each retirement.
2. 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, the Defendant did not pay the total amount of KRW 6,212,90 of the D retirement pay of 6,212,900 retired from office from the above company from June 11, 2013 to May 6, 2015 within 14 days from the date of retirement, and did not pay the total amount of KRW 26,327,450 of the retirement pay to all six employees as stated in the details of the money and valuables in arrears in the attached Form to each individual.
The reasons for dismissing the public prosecution are the crimes 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 victim's explicit 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 According to the records, the above workers have withdrawn their wish to punish the defendant after the public prosecution of this case. Thus, the above workers have withdrawn their wish to punish the defendant under Article 327(6) of the Criminal Procedure Act.