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The prosecution of this case is dismissed.
Reasons
1. The Defendant, as the D representative director of the Dispute Resolution Co., Ltd. (C. 405), is an employer who operates a construction business with five full-time workers as of May 1, 2010. On May 31, 2013, the Defendant did not pay KRW 3,16,140, retirement allowances, and KRW 6,494,170 within 14 days from the date of the occurrence of the cause for the payment, without agreement between the parties to the payment and the extension of the due date.
2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent under the latter part of Article 109(2) of the Labor Standards Act and Article 44 of the Guarantee of Workers’ Retirement Benefits Act.
However, the withdrawal of the petition on October 1, 2013, which was after the prosecution of this case, was submitted, and according to the above withdrawal statement, E can be recognized as the fact that E has withdrawn the wish to punish the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.