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All of the prosecutions of this case are dismissed.
Reasons
1. The Defendant is a representative director of the Daejeon Seo-gu 1506, who runs a comprehensive construction business with five regular workers.
The Defendant is working in the foregoing workplace from November 3, 2003 to May 11, 2014.
Wages of retired workers D were not paid KRW 1,993,560, and KRW 20,255,304 in the balance of the retirement allowance of the said worker within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned.
2. The part of the facts charged as above is a crime 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 and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the victim can be recognized as having withdrawn his/her wish to punish the Defendant on November 20, 2014, after the institution of the instant prosecution. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.