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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is an employer who runs wholesale and retail business as the representative of the Kui-gu Co., Ltd., Ltd., Ltd., Ltd., Ltd.
1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay all money or valuables, such as wages, within fourteen days after the cause for such payment occurred, unless agreed by the parties concerned;
Nevertheless, the Defendant, from April 1, 2015 to September 30, 2016, committed a crime in the attached Table, including KRW 3,000,000 on September 1, 2016, with respect to workers D who worked for the said stock company from around September 1, 2015 to around September 30, 2016.
(a) A total of KRW 70,800,000 for four employees, as in the previous Schedule, did not pay the payment within 14 days of the occurrence of the reasons for payment without agreement between the Parties, as in the previous Schedule.
2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in cases where the worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred, unless agreed by the parties concerned;
The defendant, for the period of Paragraph 1, committed the crime in the attached Form No. 4,402,215 as well as the retirement allowances of the worker D who worked in the above stock company for the period of Paragraph 1.
(b)A total of KRW 8,416,418 for two employees, such as the previous Schedule, did not pay the retirement allowances within 14 days of the occurrence of the reasons for payment, without agreement between the Parties.
2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the employee’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.
In doing so, workers D, E, F, and G may recognize on December 29, 2016, which was after the instant indictment was instituted, that they expressed their intent not to be punished against the Defendant in this Court.
Therefore, Article 327 No. 6 of the Criminal Procedure Act is applicable.