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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is an employer who runs a pharmaceutical manufacturing business with 15 full-time employees, who are legal administrators of (ju)D in Ansan-si.
When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the Defendant, at the above workplace from February 23, 2012 to July 28, 2012, did not pay the total of KRW 143,773,014 to 21 workers within 14 days from the date of retirement without agreement between the parties to the extension of payment due date, as shown in the attached crime list, including KRW 1,416,670, monthly wage of 200,000, retired workers E, as well as KRW 1,416,670, as stated in the attached crime list.
(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Nevertheless, the Defendant, at the above workplace from March 14, 201 to June 30, 2012, did not pay KRW 2,020,60,00 of retirement allowances of retired workers F, and did not pay KRW 6,58,571 in total, as stated in the attached crime list, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.
2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Article 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, it is obvious that all the workers indicated in the facts charged have withdrawn their wish to punish the Defendant after the instant indictment was instituted. Thus, Article 327 subparag. 6 of the Criminal Procedure