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The prosecution of this case is dismissed.
Reasons
1. In the facts charged, the Defendant is a C’s manager in Goyang-gu B 801, who runs the business of installing trial card terminals using 20 full time workers.
A. The Defendant violated the Labor Standards Act, while serving as an employee from July 16, 2015 to October 4, 2016 at the above company, did not pay KRW 7,449,370 as total wages of KRW 3,281,030 in April 2016, and KRW 4,168,340 in August, and KRW 7,449,370 in August, without any agreement between the parties on the extension of the payment date.
B. The Defendant in violation of the Act on the Guarantee of Retirement Benefits for Workers did not pay KRW 5,086,450 of retirement allowances D to retired workers within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.
2. Each of the facts charged of the instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and is not prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.
On December 22, 2017, however, after the instant prosecution was instituted, workers D withdrawn the wishing to punish the Defendant.
Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.