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All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged is that the Defendant is the representative of Section (State) in Bupyeong-si, Seocheon-si, Seocheon-si, who employs five regular workers and operates sales business of household supplies.
The Defendant, at the foregoing workplace around October 8, 2013, did not pay 62,583,894 won, including 5,850,928 won of retirement pay to D retirement workers who were employed from January 1, 2010 and retired from office, within 14 days from the date of retirement, without any agreement between the parties on extension of the due date.
2. The facts charged in the instant case are crimes falling under Article 109(1) of the Labor Standards Act and Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim's explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the records of the instant case, it can be acknowledged that the worker has withdrawn his/her wish to punish the Defendant after the instant indictment. Thus, this part of the indictment is dismissed in accordance with Article 327 subparag.