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All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged is the employer who ordinarily employs six workers as the representative of the “C” in the Busan Young-gu, Busan, and engages in the business of manufacturing vessel engine parts.
From November 16, 2004 to October 1, 2014, the Defendant did not pay the amount of KRW 1,600,000 and retirement allowance of KRW 3,353,540 to workers D who retired from the said workplace within 14 days from the date of retirement without any agreement on the extension of payment period between the parties concerned.
2. Each of the above facts charged is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and 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 Workers’ Retirement Benefit Security Act. According to the records, the fact that the victimized person expressed his/her intent not to punish the Defendant. Thus, all of the indictments of this case are dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.