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The prosecution of this case is dismissed.
Reasons
1. The Defendant is an employer who runs a business selling health and food with four regular workers at the location of the place of business of Songpa-gu Seoul Metropolitan Government building C.
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 the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant worked in the foregoing workplace from April 30, 2018 to July 10, 2018 and did not pay KRW 2,500,00,000 monthly wage for June 2018, monthly wage of KRW 1,50,000, total amount of KRW 3,500,000, and April 24, 2018 to June 30, 2018, and did not pay KRW 3,33,333,33 of monthly wage for June 2018 of retired workers E while working in the same workplace from January 11, 2018 to July 14, 2018; and did not pay KRW 3,47,501, monthly wage of KRW 750,781, 4884,48888, etc. within six months from the date of payment without agreement between the parties concerned;
2. Determination
(a) Crimes of non-compliance: Article 109 (2) of the Labor Standards Act;
B. Non-prosecution of punishment: Each of the workers D, E, and F expressed their intent that they do not want to be punished against the Defendant after the instant indictment was instituted.
(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;