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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the defendant, as the representative director C, a corporation located in Suwon-si B and 306, who runs the manufacturing business of lighting equipment using five full-time workers.
If an employee retires, the employer, without an agreement between the parties concerned, paid all money, valuables, and other retirement allowances within 14 days from the date of his/her retirement, but did not, within 14 days from the date of his/her retirement, pay 70,715,730 won (each month 4,832,970 won) and retirement allowances in total from April 12, 2014 to May 31, 2017, with respect to D who worked for the said company, within 14 days from the date of his/her retirement without an agreement between the parties concerned.
2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefits Guarantee Act; Article 109(2) of the Labor Standards Act; Article 44 of the Workers’ Retirement Benefits Guarantee Act; and Article 44 of the proviso of the Workers’ Retirement Benefits Guarantee Act cannot be prosecuted against the victim’s clearly expressed intent.
According to the records, the victim can recognize the fact that he/she withdraws his/her intention to punish the defendant after the indictment of this case.
Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.