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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the employer who ordinarily employs 44 workers and operates automobile parts manufacturing business as the representative director of the Category C (State) located in Scheon-si.
A. The Defendant did not pay KRW 3,61,620 on July 7, 2015 of D-D’s work as the head of production management from July 28, 2008 to August 15, 2015, total of KRW 139,896,586, total of KRW 42,542,977, total of annual salary, KRW 15,415,856, total of KRW 197,85, and KRW 197,855, and KRW 419, respectively, within 14 days from the date of retirement without an agreement between the parties to the extension of the payment date.
B. The Defendant did not pay KRW 300,850,975, respectively, within 14 days from the date of retirement without any agreement between the parties to the extension of payment deadline, as stated in the list of the attached crimes, including KRW 31,582,633 of D retirement allowances, which had been employed from the above C (State) to the period from July 28, 2008 to August 15, 2015.
2. Each of the facts charged of this case is an offense falling under Article 109(1) of the Labor Standards Act (the facts charged in the above paragraph (a)), the main text of Article 44 of the Guarantee of Workers’ Retirement Benefits Act (the facts charged in the above paragraph (b)) and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. The victims expressed their intention not to punish the Defendant on January 15, 2016, after the institution of the instant prosecution, so the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.