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The prosecution of this case is dismissed.
Reasons
1. The Defendant is an employer who runs an educational service business using approximately 16 full-time workers under the trade name of the building B in Busan Young-gu and C in the second floor.
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.
Nevertheless, the Defendant, as indicated in the attached Form, worked as an English instructor from November 26, 2013 to February 19, 2016 at the said workplace, did not pay KRW 20,292,657 of the paid leave allowances of D, the sum of KRW 5,846,00 of the paid leave allowances of D, retirement allowances, KRW 10,947,026 of the paid leave allowances, and KRW 37,085,683 of the paid leave allowances of D within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date.
2. Determination
(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;
B. After the prosecution of this case, the employer expressed his intention not to be punished against the defendant.
(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;