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All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged in this case is the defendant who runs a manufacturing business using three full-time workers as the representative director of the C Co., Ltd. located in Gwangju Mine-gu B.
The Defendant did not pay the victim D’s wages and other money and valuables totaled KRW 11,418,605 and retirement allowances totaled KRW 8,531,689 from August 10, 201 to June 3, 2017, within 14 days from the date of retirement without agreement on the extension of the payment deadline.
2. The judgment is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act. The case cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the written agreement submitted by the Defendant against the Defendant, according to the Defendant’s defense counsel’s withdrawal of the intent to punish the Defendant, the indictment of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.