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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is that the Defendant is the representative of C (ju) building B of Geumcheon-gu Seoul Metropolitan Government, who employs five full-time workers, and engages in the manufacturing industry.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and where the worker retires, the employer shall pay the worker a retirement allowance within 14 days after the cause for such payment occurred.
The Defendant did not pay KRW 35,536,648, in total, KRW 25,870,895, retirement allowances, and KRW 9,65,753 of his/her retired workers D wages from the said workplace from October 1, 2015 to February 28, 2018, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.
2. In light of the judgment, the above facts charged are those falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and Article 109(2) of the Labor Standards Act, the proviso of Article 44 of the Workers’ Retirement Benefit Security Act, and the victim’s explicit intent may not be prosecuted.
However, according to the agreement and the written application for non-prosecution received by the court, it can be recognized that the above worker has withdrawn his wish to punish the defendant after the institution of the public prosecution of this case. Thus, the public prosecution of this case is dismissed under Article 327 subparagraph 6 of the Criminal Procedure Act.