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The prosecution of this case is dismissed.
Reasons
1. The Defendant in the facts charged is the representative of the Co., Ltd. C in the Glangbuk-gun B, who employs 7 full-time workers and operates a construction business.
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.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 788,00 of wages in September 2017, and KRW 6,232,680 in total, 7,020,680, and KRW 7,680 in total, as of September 1, 2017, to E in the construction site D from August 3, 2017 to October 31, 2017, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.
2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act.
According to Article 109(2) of the Labor Standards Act, the above crime cannot be prosecuted against the victim's explicit intent.
In this regard, according to the written agreement bound in the trial records, F may be acknowledged on November 19, 2018, which was after the prosecution of this case, that F withdrawn the intent to punish the defendant.
Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.