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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is that the Defendant is the representative of C Co., Ltd. in Gumi-si B, who ordinarily employs ten workers and operates a manufacturing business.
A. The Defendant violated the Labor Standards Act (hereinafter “Labor Standards Act”) did not pay KRW 43,954,843, including the wages of 14 workers, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline, as stated on No. 1 to 15 occasions the details of the delayed payment of money and valuables by each individual.
B. The Defendant in violation of the Workers’ Retirement Benefit Security Act did not pay KRW 61,788,230 of the retirement allowances of 8 retired workers as stated in the following Nos. 2, 3, 4, 6, 8, 9, 10, 14, and 15 annually, within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties concerned.
2. The facts charged in the instant case are the crimes falling under Article 109(1) 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 pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.
According to the records, it can be recognized that the damaged worker withdraws his/her wish to punish the defendant after the indictment of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.