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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is that the Defendant is the C representative of the Co., Ltd., located in Namyang-si, who ordinarily employs ten workers and operates a female chip manufacturing and sales business.
When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
The Defendant is working in the foregoing workplace from August 23, 2013 to May 16, 2014.
A retired D(33 years of age), as well as 540,140 won in December 2013, 2013, did not pay 16,937,400 won in total to two retired workers within 14 days from the date on which the cause for payment occurred, 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-compliance with will (Article 109(2) of the Labor Standards 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);