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All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged is the representative of the Seo-gu, Seo-gu, Seoan-gu, Seocheon-si, who is an employer who operates a coffee manufacturing business using 15 full-time workers. If a worker dies or retires, the employer shall pay wages, compensations, and other money and valuables within 14 days from the time when the cause for such payment occurred. However, the above workplace works from March 2, 201 to March 21, 2012.
The retirement allowance of 1,846,210 won, including the retirement allowance of d retirement 1,846,210 won, was not paid for the total of 38,309,910 won for retirement workers within 14 days from the date of retirement without an agreement between the parties to the extension of the due date.
2. Each of the above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the records, the victims have withdrawn their express intent to punish the Defendant on April 5, 2013, which is after the prosecution of this case. Thus, all of the prosecution of this case is dismissed under Article 327 subparag. 6 of the Criminal Procedure Act.