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The prosecution of this case is dismissed.
Reasons
1. The Defendant, as a C representative in Bupyeong-gu Incheon Metropolitan City, is an employer who runs a medical care and welfare facility business for older persons by ordinarily employing 15 persons.
The Defendant did not pay KRW 2,066,363 in total, as indicated in D’s list of crimes, such as the wage balance of KRW 163,950, Nov. 1, 2012, which worked from July 13, 2011 to April 10, 2013 at the same place of business, within 14 days from the date of retirement, without agreement on extension of the due date.
The Defendant did not pay the total of KRW 3,106,464 of E retirement pay of KRW 1,098,766 and KRW 3,106,464, working from August 2, 2010 to February 28, 2013, within 14 days from the date of retirement without any agreement on the extension of the due date for payment.
2. Determination
(a) Applicable provisions of Acts: Articles 109(1) and 36 of the Labor Standards Act, Articles 44 and 9 of the Guarantee of Workers' Retirement Benefits Act;
(b) Crimes of non-violation of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.
C. Expression of intention that D and E does not want to punish the defendant after the indictment of this case
(d) Public prosecution dismissal: Article 327 subparagraph 6 of the Criminal Procedure Act;