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All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged is the person who served as the representative director of C&C in Busan Shipping Daegu.
The Defendant worked at the foregoing workplace from November 1, 2012 to March 31, 2014, and did not pay wages and retirement allowances from December 2013 to March 31, 2014 of retired workers D, and wages and retirement allowances from November 1, 2012 to July 31, 2014 of retired workers E, while working at the same workplace, from November 1, 2012 to July 31, 2014 of the same year, and wages and retirement allowances from July 1, 2014 of the retired workers E, and from September 1, 2013 to May 31, 2014 to the retired workers F, without agreement between the parties on the extension of the payment period.
2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to each written agreement submitted by the Defendant, it can be recognized that workers D, E, and F have withdrawn their wish to punish the Defendant after the instant indictment. Accordingly, this part of the indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.