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The prosecution of this case is dismissed.
Reasons
1. The Defendant is an employer who operates the Seoul Special Metropolitan City Nowon-gu Building B/801, which is a general service (water quality environment) company with 14 full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the Defendant did not pay the total amount of KRW 14,074,260 of the wages of the retired workers D from the above workplace from April 21, 201 to June 19, 2014, and did not pay KRW 39,786,791 in total for five retired workers, as shown in the attached crime list, within 14 days from the date on which the cause for the payment occurred without an agreement on the extension of the due date between the parties, as shown in the attached crime list.
2. The above facts charged constitute a crime falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the same Act. Since the victims submitted a document stating his/her intention not to punish the Defendant on September 23, 2015, the date the instant indictment was filed, this part of the indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.