The prosecution of this case is dismissed.

Punishment of the crime

The defendant is an employer who is the representative of the Dispute Resolution D in Ansan-si, and operates a manufacturing business with 40 full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or 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, from November 1, 2015 to January 31, 2017, the Defendant did not pay 12,095,655 won in total as wages and other money and valuables of 10 workers, including 12,09,080 won in January 2017, which were retired from office, within 14 days from the date of retirement, without agreement on the extension of the payment period between the parties.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, from November 1, 2015 to January 31, 2017, the Defendant did not pay KRW 19,716,838, in total, 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline between six employees, including the retirement allowances of KRW 1,891,286, retired after performing production duties in the pertinent workplace and retired from office.

Judgment

The facts charged in the instant case constitute Article 109(1) and Article 36 of the Labor Standards Act, or Article 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and thus, cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act or the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

The victims expressed their intention not to be punished for the defendant after the prosecution of this case.