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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 representative of GElectronic Co., Ltd. located in F with the wife population at the time of tolerance, who has run the business of manufacturing electronic parts with 30 full-time workers.
When a worker retires, the employer shall pay wages, and all other money or valuables, within fourteen days after the cause for such payment occurred, unless otherwise agreed by the parties concerned about the extension of the due date.
Nevertheless, the Defendant worked in the said workplace from July 9, 2012 to February 28, 2013, and was dispatched to Hungary Corporation I for three retired workers, including KRW 5,236,470,00 for workers H, as well as KRW 41,701,954 for the total wage of three retired workers at the said workplace and KRW 91,701,954 for the total wage of three retired workers; from May 13, 2010 to October 12, 2012, the Defendant did not pay KRW 11,060,000 for retirement allowance of workers who retired from the said workplace from August 16, 2006 to October 22, 2012 without agreement between the parties concerned as well as KRW 17,895,01,00 for retirement allowance of workers who retired from the said workplace and KRW 40,516,000 for the total period of payment.
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 Act on the Guarantee of Workers’ Retirement Benefits, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.
However, according to the evidence adopted and investigated by this court, each damaged worker listed in the annexed list of crimes can be recognized as having expressed his wish not to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.