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The prosecution of this case is dismissed.
Reasons
The summary of the facts charged is the representative of the corporation B and the user who runs the manufacturing industry using two full-time workers in Incheon Nam-gu C.
When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred, unless the parties have agreed on the extension of the fixed date due to any special circumstances.
Nevertheless, the Defendant provided labor from September 17, 200 to May 30, 2020, and did not pay 12,000,000 wages (i.e., 2,00,000 won x 6 months), retirement allowances, 34,742,734 won within 14 days from the date of retirement without agreement between the parties on the extension of payment deadline.
2. The facts charged of the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent in accordance with Article 109(2) of the Labor Standards Act.
However, since on December 9, 2020, after the institution of the instant prosecution, the victimized employee expressed his wish not to punish the Defendant, the instant prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.