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All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged is an employer who runs a manufacturing business with eight full-time workers employed by the representative director of Ansan-si Group B Co., Ltd.
The Defendant did not pay 3,491,275 won of C’s wages and retirement allowances from July 1, 2009 to June 7, 2012, without an agreement between the parties on the deferment of payment, within 14 days from the date of occurrence of the cause for payment, and did not pay 264,281,529 won in total, of eight workers’ wages and retirement allowances, within 14 days from the date of occurrence of the cause for payment without any agreement on the deferment of payment between the parties.
2. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Article 44 subparag. 1 of the Act on the Guarantee of Workers' Retirement Benefits. Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits “it is impossible to institute a public prosecution against the victim’s express intent.” It can be recognized that eight victimized workers C, D, E, F, G, H, I, and J have withdrawn their wish to punish the Defendant after the prosecution in this case. Thus, all of the prosecution in this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.