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The prosecution of this case is dismissed.
Reasons
1. The Defendant is a person who is an actual operator of the (ju)C in the Haan-gun B and operates the steel structure manufacturing business with ten full-time workers. A.
(1) The Defendant did not pay the total amount of KRW D’s wage of 518,79 won in December 11, 2015 through October 14, 2018, the wage of 7,070 won in January 2018, the wage of 7,070 won in February 2018, the wage of 2,002,160 won in September 2018, and the total of KRW 3,464,878 in October 2018 without an agreement on the extension of the due date between the parties, within 14 days from the date of his/her retirement (including the total amount of wage of 5,070 won in September 4, 2017, 2018), the Defendant did not pay the total amount of KRW D’s wage of 3,464,878 in the above workplace within 14 days from the date of his/her retirement, as well as the total amount of wage payment on 214,215 days in arrears.
B. The Defendant in violation of the Guarantee of Workers’ Retirement Benefits Act did not pay KRW 4,067,362 of F’s retirement allowances, which worked from January 1, 2016 to November 30, 2017, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date, and did not pay KRW 10,513,832 of the total amount of employees’ retirement allowances within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.
2. The facts charged in the instant case are the crimes falling under Articles 109(1), 36, and 43 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act may not be prosecuted against or against the victim’s express will.
However, according to each written application for no punishment bound in the trial records, victim E is a victim E on April 22, 2019, victim G is a victim G on December 27, 2018, and victim F is a victim F on December 2, 2018.