Text
All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged is an employer who is a person in charge of the C Council member’s office in B, Changnam-si, Changwon-si, who is engaged in health service business by using six full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay the total amount of KRW 22,100,000,000, which is the date when the cause for payment occurred, as shown in the attached crime list, including the total amount of KRW 1,60,000 in October 2, 2015, and the total of KRW 1,600,000 in retirement pay, KRW 3,60,000 in November 2, 2015, and KRW 7,000 in total, as shown in the attached crime list, to the above workplace from March 2, 201 to November 28, 2015, without any agreement on the extension of the payment date between the parties.
2. We examine the judgment. This is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and cannot be prosecuted against the victim’s explicit intent against the employer under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act. The records reveal that six damaged workers, such as D, expressed their intention not to punish the Defendant after the public prosecution of this case was instituted. Thus, all of the public prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.