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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the defendant who is the representative of the Dental Foundation in Suwon-si C and has run a child-care center using ten full-time workers. A.
When a worker retires, the employer shall pay wages, and all other money or valuables, 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, the Defendant, while working in the said workplace from September 17, 2010 to September 26, 2012, did not pay the total of KRW 5,702,810 to two workers, including KRW 2,276,490, and KRW 3,426,320, as well as KRW 5,70,00, as well as KRW 3,426,320, as well as KRW 14,00, as well as KRW 3,426,320, as well as KRW 3,426,320, as well as KRW 5,70, respectively, within 14
(b) When a worker retires, the employer shall pay retirement allowances 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, the Defendant did not pay 12,052,650 won, including 5,922,410 won, G retirement allowance of two workers, including 6,130,240 won, and 12,052,650 won, in total, while working in the above workplace, within 14 days from the time when the cause for the payment occurred without any agreement on the due date between the parties concerned.
2. The facts charged in this case are crimes 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, which cannot be punished against the victim's express intent under Article 109(2) of the Labor Standards Act or the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the application for non-prosecution for punishment bound in the records, the victims may be acknowledged on January 15, 2014, which is the date of the prosecution of this case, expressed their intention not to punish the Defendant. Thus, the prosecution of this case pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.