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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the actual manager of Gangseo-gu Seoul Metropolitan Government building B and the Bank of Bankruptcy D, who runs a construction business by employing 30 full time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the Defendant did not pay KRW 32,060,000 of the total wages of 10 retired workers within 14 days from the date on which the cause for payment occurred, as shown in the attached list of crimes, as well as KRW 3,000,000, working in F from July 17, 2018 to August 1, 2018 at the site of construction of new loan in series E in Namyang-si, Namyang-si, in total, within 14 days from the date on which the cause for payment occurred.
2. Determination:
(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act; and
(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.
C. After the prosecution of this case, 10 workers have withdrawn their wish to punish the defendant.
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;