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All of the prosecutions of this case are dismissed.
Reasons
1. In the facts charged, the Defendant is an employer who ordinarily employs two workers under the trade name “C” from the window B of Chang-si, Chang-si.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant is in charge of cooking affairs from August 29, 2011 to February 29, 2012.
The total amount of wages of retired workers D from December 2, 201 to February 2, 2012 is KRW 3,100,000, and ice work from August 13, 201 to February 2, 2012.
A retired worker E’s total wage of KRW 2,400,000 from December 2, 2011 to January 2012 was not paid respectively within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.
2. We examine the judgment. The facts charged of this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victims' express intent under Article 109(2) of the Labor Standards Act. According to the "Agreement" which is bound in the trial records, the victims withdraw their wish to punish the defendants after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.