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All of the prosecutions of this case are dismissed.
Reasons
The summary of the facts charged is a person who employs approximately 20 full-time workers in the building in Jung-gu Seoul Metropolitan Government and operates C(A) as a software development company.
1. The Defendant in violation of the Labor Standards Act did not pay the sum of the victim’s wages of 4,00,000,000 won on November 1, 2012, 2012, wages of 4,000,000 won on December 1, 2012, wages of 4,000,000 won on January 1, 2013, the sum of KRW 12,00,000,000, and the total of KRW 12,000,000 from June 26, 207 to May 31, 2013, the victim’s wage of 4,00,000,000,000 won on March 3, 2013, 200, 100,000,000 or more wages of 10,000,04,000 or more wages of 13,200.
2. The Defendant violated the Guarantee of Workers' Retirement Benefits Act did not pay 38,680,167 retirement allowances of the victim D who worked as above at the date and place specified in paragraph (1) and KRW 24,003,694 of the victim E’s retirement allowances and KRW 62,683,861 of the victim E, respectively, within 14 days from the date of retirement without agreement between the parties on extension of payment dates.
Judgment
The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act (Article 109(1)), and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act (Article 44(2) of the Act on the Guarantee of Workers’ Retirement Benefits), and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the respective Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. After the instant indictment, it is recognized that the victim A submitted a written withdrawal of complaint to the effect that the victim E is not punished against each Defendant on November 30, 2015, and the victim E submitted a written withdrawal of complaint to the effect that all of the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.