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All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged is a user who ordinarily employs three workers and operates wholesale and retail business of main supplies as a representative of the C in Yongsan-gu, Busan Metropolitan City.
The Defendant did not pay KRW 12,50,000,00 in total, as wages of 3,100,000 in December 2014, 2015, paid KRW 3,000,00 in January 2015, or KRW 3,100,00 in February 2015, or KRW 3,10,000 in March 2015, or KRW 12,50,000 in April 3, 2015, without an agreement between the parties on the extension of the date of payment between the parties.
B. The Defendant did not pay KRW D retirement allowance of KRW 4,345,820, working from December 11, 2013 to April 30, 2015 at the same place of business within 14 days from the date of retirement where the cause for the payment occurred without agreement between the parties on the extension of the due date.
2. Each of the facts charged in 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 Act on the Guarantee of Workers’ Retirement Benefits, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. The victim prepared a petition revocation statement to the effect that the victim withdraws his wish to punish the Defendant after the instant indictment, and submitted the petition revocation statement to this court. Thus, the indictment in the instant case is dismissed under Article 327 subparag
It is so decided as per Disposition for the above reasons.