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The prosecution of this case is dismissed.
Reasons
1. The Defendant is a representative director of Gangseo-gu Seoul Metropolitan Government B, who ordinarily employs six workers and operates an electrical construction business.
The defendant works in the above workplace from February 27, 2002 to July 2, 2012.
The retirement allowance of 28,671,021 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.
2. The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the same Act.
However, according to the “Agreement” written in the trial records, it can be acknowledged that the employee D withdraws his/her wish to punish the Defendant on March 27, 2013, which was subsequent to the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.