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The prosecution of this case is dismissed.
Reasons
1. The Defendant in the facts charged of this case is an employer who runs retail business with three full time workers as a manager of the Cmaart room in the Southern-gu Incheon Metropolitan City B underground level.
The Defendant had worked from April 4, 2013 to November 9, 2013 at the same place of business, and had not paid the total of KRW 4 million on September 9, 2013 of retired workers D, and the total of KRW 4 million on October 2013 and KRW 8 million on January 31, 2014 agreed to extend the payment date between the parties concerned.
2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act. According to the written withdrawal of the written withdrawal of the written complaint in the instant case, it is apparent that the victim D withdrawn his/her wish to punish the Defendant on June 26, 2014, and thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.