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The prosecution of this case is dismissed.
Reasons
1. The Defendant is an employer who runs a construction business with one full-time employee without a certain trade name while residing in Gwangju North-gu B.
When a worker retires, the employer shall pay all money and valuables, such as wages, within fourteen days after the cause for such payment occurred, unless otherwise agreed by the parties concerned about the extension of the due date.
Nevertheless, from November 11, 201 to January 27, 2014, the Defendant: (a) worked as a Hanok-gun at the former Jindo-gun Construction Work site; (b) paid 2,160,000 won for retired workers on November 1, 2013; (c) paid 2,340,000 won for wages on December 2, 2013; and (d) paid 6,840,000 won for wages on January 2, 2014; and (c) paid 27,720,000 won for five retired workers on the aggregate of wages for five retired workers on the date of retirement without an agreement between the parties on the extension of the due date for payment.
2. The judgment 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 under Article 109(2) of the Labor Standards Act. According to the written agreement submitted by the defendant to the court on October 20, 2014, the injured workers clearly expressed their wish not to punish the defendant in preparing the written agreement with the defendant on October 2, 2014, which is the date the public prosecution was instituted, and therefore, the above facts charged constitute a case in which the victim expressed his wish not to punish the defendant against the victim’s explicit intent, and thus, the public prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.