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The prosecution of this case is dismissed.
Reasons
1. The gist of the facts charged is that the Defendant is the actual operator of Mapo-gu Seoul Metropolitan Government Co., Ltd. C, a full-time employee, who runs a duty-free shop business.
If an employee retires, the employer, without agreement between the parties, paid all money and other valuables and retirement allowances, including wages, within 14 days from the date of his/her retirement, but did not, within 14 days from the date of his/her retirement without agreement between the parties, pay the total of 43,17,870 won and the total of 14,684,384 won and retirement allowances for 6 employees, as stated in the list of crimes in the attached Table, including 11,50,000 and retirement allowances for 2,780,136 won from March 7, 2016 to May 31, 2017.
2. On August 31, 2018, the charge of violation of the Labor Standards Act due to unpaid wages, and violation of the Act on Guarantee of Workers’ Retirement Benefits due to unpaid retirement allowances cannot be prosecuted against the victim’s express intent (Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on Guarantee of Workers’ Retirement Benefits), and on August 31, 2018, the Defendant submitted to this court a written form of punishment for which workers expressed their intent not to be punished by the Defendant. Thus, the instant indictment is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.