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The prosecution of this case is dismissed.
Reasons
1. The Defendant, as the representative director of Geumcheon-gu Seoul Metropolitan Government (State), is an employer who runs a wholesale and retail business with 70 full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.
However, if there are special circumstances, the date may be extended by an agreement between the parties.
Nevertheless, the defendant is working as the secretary general from July 30, 2013 to December 29, 2013 at the above workplace.
The amount of KRW 5,700,000 in total, including the monthly wage of KRW 1,500,000 in September 2013 and the monthly wage of KRW 1,500,00 in October through December of the same year, was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the extension of the due date.
2. Reasons for dismissing the public prosecution: Article 109(1) and (2), and Article 36 of the Labor Standards Act; Article 327 Subparag. 6 of the Criminal Procedure Act [Agreement to the effect that the victim would not be punished on August 8, 2016];