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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is an individual interiorer who resides in Gyeyang City B, and is an employer who performs interior works using the petitioner D, E, and F at the screen golf course located in Gyeyang-gu Incheon Metropolitan City, Incheon.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 7,560,000, the total amount of the unpaid wages of three workers, including KRW 2,700,000 in January 18, 2013 and KRW 2,700,00 in January 2014, and KRW 7,560,00 in January 2014, as well as KRW 2,160,00 in January 2014.
2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the employee’s explicit intent in accordance with Article 109(2) of the Labor Standards Act.
In this regard, the workers can recognize the fact that they expressed their intent not to be punished for the defendant after the prosecution of this case was instituted.
Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.