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The prosecution of this case is dismissed.
Reasons
1. If a worker retires from office, the employer of the gist of facts constituting an offense charged shall pay him/her wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;
Nevertheless, the Defendant, as the representative of C in Gyeonggi-si, did not pay KRW 3,583,310,00 from September 29, 2016 to November 17, 2016 at the same place of business, within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline.
2. Determination
(a) Crimes of non-violation of intention: Article 109 (1) and (2) of the Labor Standards Act;
B. After the instant indictment, on March 12, 2018, a written statement of non-prosecution for punishment was submitted.
(c)
Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act