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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the representative director of C Co., Ltd. who employs 12 full-time workers in C Co., Ltd. and operates water-processing equipment manufacturing business, and the employer.
The Defendant appears to be a clerical error as stated in the indictment from February 1, 2014 to August 31, 2015, “from September 26, 2007 to November 24, 2015”.
In addition, without agreement with the victim D regarding the extension of the payment date, the total amount of 5,781,275 won for the victim D who retired while working in the above workplace and the amount of 3,543,256 won for retirement pay was not paid to the victim D within 14 days from the date of retirement without agreement with the victim D, and the total amount of 65,16,01 won for the eight workers who were victims, as shown in the attached crime list, and the total amount of 66,03,515 won for retirement pay was not paid to the victims within 14 days from the date of each retirement, as described in the attached crime list.
2. The case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to each of the written agreements bound in the trial records, the victims have withdrawn their wish to punish the Defendant on July 25, 2016, respectively. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.