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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged in the instant case is that the Defendant, as the representative director of Pyeongtaek-si (ju), employs 80 full-time workers and operates the electronic components manufacturing business, etc., notwithstanding the fact that the employer pays wages, retirement allowances, etc. to workers within 14 days after the occurrence of the cause for payment, the Defendant did not pay 43,948,289 won in total, including C, D, E, F, G, and H, wages, retirement allowances, annual allowances, and other money and valuables, etc. to workers who retired from the said place of business within the period from December 22, 2007 to March 31, 2012.
2. The instant case is a crime falling under Article 109(1) of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act. According to the records, the victim C shall be dismissed pursuant to Article 327(6) of the Criminal Procedure Act, since the victim C shall not be prosecuted on April 25, 2013; D shall be on April 9, 2013; E and F shall be on April 5, 2013; G shall be on April 26, 2013; and H shall be deemed to have withdrawn the Defendant’s expression of intent to punish the Defendant after the institution of the indictment, indicating his/her intention not to punish the Defendant.