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All of the prosecutions of this case are dismissed.
Reasons
1. The Defendant is an actual operator of C Co., Ltd. in the following facts charged: (a) the Defendant is an employer who runs a furniture manufacturing business using seven full-time workers.
When a worker dies or retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant did not pay 3,346,120 won, including D retirement pay of 8,520,540 won, who worked in the above workplace from August 26, 2012 to July 21, 2016, including 33,346,120 won, in total, of 5 retirement allowances of 5 retired workers, within 14 days from each retirement date, as shown in the list of crimes in the attached Table.
2. The facts charged in the instant case are the crimes falling under Article 44 subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for respective workers, and cannot be prosecuted against the victim’s explicit intent pursuant to the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.
According to the records, it is recognized that workers had expressed their wish not to punish the defendant after the prosecution of this case was instituted. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.