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All of the prosecutions of this case are dismissed.
Reasons
1. In the facts charged, the Defendant is a representative of (State) D in the South-North Asian City, who runs a construction business with six full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay the total of KRW 19,70,000,000 from the date of retirement within 14 days from the date of retirement, as shown in the attached Form F, which served as a non-public servant from December 6, 2014 to April 18, 2015 at the new site of large exhibition E apartment.
2. The facts charged of the instant case 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 Labor Standards Act.
According to the records, it is recognized that workers had expressed their wish not to punish the defendant after the prosecution of this case was instituted. Thus, all of the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.