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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is that the Defendant, as the representative of the C Co., Ltd. located in both weeks, is an employer who runs mushroom cultivation business using one full-time employee.
When a worker dies or retires, the employer shall pay the wages, premiums, and other money or valuables within 14 days after the cause for such payment occurred.
Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay the total of KRW 10,50,000,000,000 from March 25, 2017 to August 4, 2017, which was retired from the said workplace, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.
2. Determination
(a) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act;
(b) The relevant employee shall express his/her intention not to punish him/her after prosecution;
(c) Judgment dismissing a public prosecution: Article 327 subparag. 6 of the Criminal Procedure Act;