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The prosecution of this case is dismissed.
Reasons
The summary of the facts charged in this case is that the defendant is the representative director of Seocho-gu Seoul Metropolitan Government (the state), who is engaged in the game software development business using 24 full-time workers at least once a month, and the employer has paid the worker's wages at least once a month on a fixed date, despite that the employer has paid the worker's wages at least once a month, the defendant did not pay 642,940 won in difference of the worker's paid wages in July 25, 2015, and did not pay 41,239,978 won in total, which is the difference of the worker's paid wages, on the 25th day of each month, as shown in the list of crimes in the attached Table.
The above acts of the defendant are crimes falling under Article 109(1) and the main sentence of Article 43(2) of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); and the case in which a defense counsel cannot institute a public prosecution against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act; according to the statement in the written application for non-prosecution of punishment submitted to the court on June 24, 2019, it is recognized that the victim D expressed his/her intention not to seek punishment against the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.
It is so decided as per Disposition for the above reasons.