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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is that the Defendant, as the representative of D in Daejeon U.S. C. 402, runs a retail business of educational materials and materials using four full-time workers.
1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay all money and valuables, such as wages, within 14 days from the date of retirement, unless the worker has agreed to extend the payment period between the parties concerned;
Nevertheless, the Defendant did not pay 75,727,474 won, including the total of 14,987,718 won, including the total of 79,022 won, etc., of August 10, 2014 when he/she worked in the above workplace from May 10, 2014 to May 31, 2015, within 14 days from the date of his/her retirement, without any agreement on the extension of the payment deadline between the parties concerned.
2. When a worker in violation of the Guarantee of Retirement Benefits of Workers retires, the employer shall pay the worker a retirement allowance within 14 days from the date of such retirement, unless the worker has agreed to extend the payment period by day;
Nevertheless, the Defendant did not pay the retirement allowance of KRW 2,141,507 as well as KRW 37,548,869, including KRW 37,548,869, in total, for four retired workers, within 14 days from the date of retirement, as stated in the detailed statement of the money and valuables in arrears of each individual, at the same place of business from May 10, 2014 to May 31, 2015.
2. Determination
(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;
B. The victims expressed their intention not to punish the Defendants after the prosecution of the instant case.
Dismissal of Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act