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All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged is that the Defendant is the representative of C in the Gangnam-gu Seoul Metropolitan City, Chungcheongnam-gu, and is an employer who ordinarily employs ten workers and runs the wholesale and retail business.
When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the defendant is working at the above workplace from September 1, 2009 to September 30, 2012.
A retired worker D's retirement allowance of KRW 5,896,460 and his/her service from October 18, 2012 to February 28, 2014.
The retirement allowance of retired E was not paid KRW 7,253,010 in total for two workers, including KRW 1,356,550, respectively, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.
2. Grounds for dismissing the public prosecution; and
(a) Crimes of non-violation of will (proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act);
B. Withdrawal of workers’ wish to punish after the prosecution of the instant case
(c) Judgment dismissing public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act);