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Each public prosecution against the Defendants is dismissed.
Reasons
1. The summary of the facts charged is that the Defendants, as co-representatives of F Co., Ltd., a company engaged in a manufacturing business with 14 regular workers in Osan City E, Osan-si, are employers.
The Defendants did not pay the victims G wages of KRW 66,710 on June 4, 2016 to the victims G who retired from the said workplace from around September 4, 2012 to July 18, 2016, without agreement with the victims G G on the extension of payment deadline of KRW 193,060 on July 2016, and KRW 4,616,954 on the extension of payment deadline, and did not pay them to the victims G within 14 days from the date of retirement without agreement with the victims G. As stated in the attached list of crimes, the Defendants did not pay them to each victims within 14 days from the date of retirement without agreement with the victims on the extension of payment deadline of KRW 31,10,687 on the payment date.
2. On the one hand, each of the crimes falls under Articles 109(1) and 36 of the Labor Standards Act, 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 of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to each of the written agreements bound in the trial records, the victims may be recognized to have withdrawn their wish not to punish the Defendants on January 9, 2017, after the institution of the instant indictment. Accordingly, the prosecution against the Defendants is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.