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The prosecution of this case is dismissed.
Reasons
1. The Defendant is an employer who runs the restaurant business of the trade name “C” with two full-time workers in the Full-time City, Busan-gu, Seoul-si.
When an employee retires, the employer shall pay the wages, etc. within 14 days after the cause for such payment occurred.
Even so, Defendant D’s retirement from June 29, 2015 to December 24, 2015, which was employed by the said workplace, did not pay KRW 700,000 from the date of retirement within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.
2. Determination
(a) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act;
B. On May 23, 2016, after the instant indictment, a written withdrawal of complaint containing an employee D’s intent not to have the Defendant punished.
Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act