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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is a user who runs a construction business by employing five full time workers as a representative of Yeonsu-gu Incheon Building F. 1419, Dong 1419.
The Defendant did not pay KRW 4,500,000 in total amount of D-D’s wages of July 16, 2012, from around July 16, 2012 to August 31, 2012, and KRW 3,500,000 in August of the same year without an agreement between the parties on the extension of payment period, within 14 days from the time when the grounds for the payment occurred.
2. The facts charged in 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 under Article 109(2) of the Labor Standards Act. According to the records, it can be acknowledged that the victim withdraws his/her wish to punish the Defendant on November 11, 2013, which was after the prosecution of the instant case was instituted. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.