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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged in the instant case is the representative director C of the Haan-gun, Haan-gun, the Defendant, who ordinarily employs 60 full-time workers and operates the manufacturing business of automobile parts.
A. From September 1, 2001 to February 28, 2017, the Defendant did not pay KRW 51,301,00 in total, from March 2, 201 to February 201, 201, to February 28, 201, KRW 28,865,349 in total, from March 2, 2014 to February 24, 2017, without an agreement on the extension of the payment date between the parties on the payment date.
B. From September 1, 2001 to February 28, 2017, the Defendant did not pay KRW 58,047,640 of the retirement allowances of workers D who worked as production workers at the pertinent workplace within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.
2. Each of the facts charged in the instant case is an offense falling under Articles 109(1) and 36 of the former Labor Standards Act, or Articles 44 and 9 of the Guarantee of Workers’ Retirement Benefits Act (Amended by Act No. 15108, Nov. 28, 2017) and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act or the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.
In such a case, the victim withdrawn his/her wish to punish the defendant on September 17, 2018, which was after the prosecution of this case, and thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.