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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is an employer who operates and manages the Daegu Southern-gu B and the second-story LAC.
When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
A. The Defendant did not pay the wages of 1,584,130 won in July 2015, 2015, the wage of 1,584,130 won in August 2015, the wage of 1,584,130 won in August 2015, the amount of 1,583,530 won in September 2015, the amount of 1,567,540 won in October 2015, the amount of 1,583,540 won in November 5, 2015, and the amount of 1,583,530 won in November 30, 2015, and the aggregate of 1,700,602,860 won in December 1, 2015, within 14 days from the date of retirement without agreement on the extension.
B. The Defendant did not pay the retirement allowances of KRW 21,774,478 of D, who retired from office as described in the above A., within 14 days from the date of retirement without agreement on extension of the payment deadline.
2. This part of the facts charged is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers’ Retirement Benefit Security Act, which cannot be prosecuted against the employee’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act.
On March 14, 2016, after the institution of the instant prosecution, D may recognize the fact that he/she expressed his/her intention not to be punished against the Defendant in this Court.
Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.