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The prosecution of this case is dismissed.
Reasons
1. In the facts charged, the Defendant is a full-time employee employed by 40 full-time workers in the name of D (ju) E in Gyeongsung-gun, Chungcheongnam-gun, Gyeongsung-gun, who runs a vessel processing business.
A. On December 16, 2015, the Defendant violated the Labor Standards Act: (a) from around December 16, 2015, the Defendant served as an on-site management manager at the said workplace; (b) did not pay KRW 184,667,489 in total amount of wages of 54 employees, as shown in the list of crimes in the attached Table, including KRW 7,059,787, as well as KRW 54 employees’ wages, within 14 days from the date of each retirement without any agreement on extension of payment period between the parties concerned.
B. The Defendant violated the Guarantee of Retirement Benefits for Workers in the foregoing workplace from July 10, 2012 to May 25, 2016, and did not pay 38,929,768 won, including 11,830,123 won of G retirement allowances of retired workers and 38,929,768 won, within 14 days from each retirement date, as stated in the list of crimes in the attached Form.
2. Determination
(a) Applicable Act: Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and 9 of the Workers’ Retirement Benefits Guarantee Act;
(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, Article 44 of the Guarantee of Workers' Retirement Benefits Act;
C. After the prosecution of this case, a letter of withdrawal of complaint containing the expression of non-influence to punishment of victimized workers is submitted.
(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;