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All of the prosecutions of this case are dismissed.
Reasons
Punishment of the crime
The defendant is the representative of C (State) in the racing-si, who employs 9 full-time workers and operates automobile parts manufacturing business.
Defendant is working at the above workplace.
On May 12, 2014, D's retirement settlement amount of KRW 1,436,270, and June bonus of KRW 1,768,171, and KRW 3,204,441, a total of KRW 3,204,441, which are retired workers, were not paid within 14 days from the date of retirement, without any agreement between the parties to the labor contract on the extension of the payment
In addition, the Defendant did not pay KRW 204,885,687 in the above manner, as stated in the list of crimes in the attached Table, 88 employees’ retirement accounts, six-month bonus, April wage in 2014, May 2014, and annual salary in 204,885,687.
2. Each of the facts charged in the instant case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. According to the records, since the entire employees have expressed their intent not to prosecute the Defendant by mutual consent with the Defendant only after the instant indictment was instituted, the entire employees are dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.