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The prosecution of this case is dismissed.
Reasons
1. The Defendant is the D representative of the building C Dong in Bupyeong-si, Bupyeong-si, and is an employer who runs accommodation operation business using one full-time worker.
When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.
The Defendant, at the foregoing workplace, worked from September 15, 2017 to September 14, 2018, and retired from office, did not pay KRW 15,049,129 in total amount of wages, as shown in the attached crime list, as stated in the attached crime list, within 14 days from the date when the cause for payment occurred without agreement between the parties on the extension of the due date.
(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
The Defendant worked from September 15, 2017 to September 14, 2018 at the same place of business, and did not pay KRW 1,539,557 of the retirement pay of E retired from office within 14 days from the date of retirement without an agreement between the parties on 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, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.
However, according to the records of this case, the victim may recognize the fact that he expressed his intention not to be punished against the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, and it is so decided as per Disposition.