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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is an employer who employs four regular workers in Kimhae-si B and operates C by a shipbuilding machinery manufacturer.
From February 22, 2012 to July 13, 2013, the Defendant, while working in the said workplace and retired from Vietnam, did not pay 2,971,337 won, including the sum of 1,50,000 won in October 2012, and 829,800 won in April 2013 and retirement allowances and 641,537 won in April 2013, within 14 days from the date on which the cause for the payment occurred, without agreement between the parties to the extension of the due date.
2. We examine the judgment. The facts charged in the instant case cannot be prosecuted against the victim’s explicit intent under the Labor Standards Act and the Act on the Guarantee of Workers’ Retirement Benefits. According to the records, it is recognized that the above employee expressed his/her intent not to punish the Defendant on December 24, 2013, which was after the prosecution of the instant case. Thus, the prosecution of the instant case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.