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The prosecution of this case is dismissed.
Reasons
1. The Defendant, as the actual representative of the D in B apartment C at the time of racing, is an employer who ordinarily employs one worker and engages in cargo transport business.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the Defendant, while working in the foregoing D, did not pay 5,841,000 won in total, of two workers, including 2,50,000 won in wages of April 2019 of E-20 of retired workers on May 30, 2019, and 1,41,000 won in wages of May 2019, and 245,000 won in food expenses of KRW 4,161,00 in total, and 4,161,000 in money and valuables of F of retired workers on June 19, 2019, and paid 5,841,000 won in total, of two workers, including 1,680,000 won in monthly wages of June 19, 2019.
2. Crimes of non-compliance with an intention: Articles 109 (2) and 36 of the Labor Standards Act, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act.
3. Declaration of intention of not to impose punishment: Application for non-guilty punishment for E or F (receiving on October 16, 2019).
4. Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act.