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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is an employer who employs 10 full-time workers in Bupyeong-gu Incheon Metropolitan City B and operates C.
When a worker retires, an employer shall pay the wages, compensations, and other money or valuables within 14 days thereafter, and shall pay him/her a retirement allowance within 14 days after the cause for such payment occurred.
Nevertheless, the Defendant did not pay the wages of 1,975,00 won and retirement allowances of 4,571,625 won and retirement allowances of 1,975,000 won and 4,571,625 won to retired workers D who worked in the above workplace from January 2, 2012 to May 31, 2015, within 14 days from the date on which the cause for retirement or payment occurred, as shown in the list of crimes in the attached Form.
2. The judgment dismissing the public prosecution against the violation of the Labor Standards Act and the violation of the Act on the Guarantee of Workers' Retirement Benefits, as stated in the facts charged of this case, are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act and Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act, and thus, cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the latter part of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.
In doing so, it can be recognized that the damaged workers have withdrawn their wish to punish the Defendant from January 15, 2016 to February 16, 2016, which was after the prosecution of this case.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since the victims withdrawn their desire to punish a case which cannot be prosecuted against the clearly expressed will of the victim.