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Each of the instant public prosecutions is dismissed.
Reasons
1. The Defendant is the actual manager of C in Gumi-si, Gumi-si, who has run a contract service business with three full-time workers.
The Defendant did not pay 7,06,150 won in total of 786,170 won in wages of 670,470 won in September 1, 2015 of retired workers D, and 115,70 won in wages of 115,700 on October 2015, as stated in the statement of money and valuables in arrears attached hereto, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date between the parties, and did not pay 7,006,150 won in total of 5 workers’ wages within 14 days from the date of retirement, as stated in the statement of money and valuables in arrears.
2. Each of the facts charged in the instant case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act.
According to the records, on September 27, 2016, after the institution of the instant public prosecution, a written withdrawal of the complaint that workers D, E, F, G, and H did not want to be punished by the defendant was submitted. Accordingly, each of the instant public prosecutions is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.