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The prosecution of this case is dismissed.
Reasons
1. In the facts charged, the Defendant is a person who is a manager of the D office in the Dispute Resolution Co., Ltd., and operates metal products manufacturing business using six full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant did not pay KRW 29,69,600,000 on May 2, 2019, when he worked from October 11, 2018 to July 23, 2019 at the above workplace, and did not pay KRW 29,69,600 in total, including five workers, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, as shown in the attached crime list.
2. The above facts charged are crimes falling under the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019) and Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the intent expressed by the parties under Article 109(2) of the same Act.
However, since the above workers expressed their wish not to punish the defendant after the prosecution was instituted, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act (see, e.g., the withdrawal of each complaint from June 18, 2020 by workers E, No. 5, Oct. 6, 2020, and the withdrawal of the complaint from October 30, 2020 by workers F, No. 1).