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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the representative of the “stock company C” in the voice group B, who ordinarily employs 18 workers and operates a food manufacturing business.
From February 26, 2013 to April 23, 2015, the Defendant did not pay KRW 3,445,00 in total and KRW 7,684,180 in total and KRW 7,684,180 in retirement allowances and KRW 4,239,180 in total and KRW 134,58,020 in total and KRW 19 in employees’ wages and retirement allowances within 14 days from the date of retirement as stated in the details of the attached money and valuables in arrears.
2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. The records of the instant case acknowledged the fact that the victimized workers expressed their intent not to be punished against the Defendant after the public prosecution of the instant case was instituted. Thus, the instant public prosecution of this case is dismissed pursuant to Article 327 subparag.