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The prosecution of this case is dismissed.
Reasons
1. In the facts charged, the Defendant is the actual manager of the Il-gu Busan Metropolitan Government B stock company B and is an employer who employs 20 full-time workers and operates the main business.
The Defendant did not pay 10,230,132 won in total, including C’s retirement pay 4,024,869 won, working as a production employee from October 5, 2009 to April 15, 201, within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned, as shown in the attached Form.
2. Determination is the case falling under Article 109(1) of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act.
However, according to the public trial and records of this case, it can be acknowledged that C and D have withdrawn their wish to punish the Defendant on February 1, 2013 or March 22, 2013, which was after the institution of the public prosecution of this case.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.