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The prosecution of this case is dismissed.
Reasons
1. The Defendant, as the representative of Geumcheon-gu Seoul Metropolitan Government, is an employer who ordinarily employs five workers and engages in wholesale business. A.
When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That if there are special circumstances, the date may be extended by the agreement of the parties.
Nevertheless, the Defendant, at the foregoing place of business, worked for October 17, 201 to June 17, 2015 and was employed for retired workers from the above place of business, and paid KRW 15,16,66 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date for payment, as the monthly wage of KRW 2,50,00,00 for each month from January 201 to May 2015, and the monthly wage of KRW 15,516,66 for each month from January 1, 2015.
(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Provided, That if there are special circumstances, the date may be extended by the agreement of the parties.
Nevertheless, the Defendant, at the above workplace from October 17, 201 to June 17, 2015, did not pay KRW 9,033,263 of the retirement allowances of retired workers D 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 payment.
2. The offense of violating the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits 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, on July 15, 2016, after the prosecution of this case, the victim's withdrawal from the complaint was submitted with the purport that the court does not want punishment against the defendant.
This is stipulated in Article 327 subparagraph 6 of the Criminal Procedure Act.