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All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged in the instant case is an individual entrepreneur, who was awarded a subcontract from C for the civil engineering works on land adjustment in order to obtain KRW 18 million and executed by three workers.
The Defendant did not pay the amount of KRW 9,710,00 for three retired workers, including the sum of KRW 1,650,000 in March 19, 2012, and the amount of KRW 3,40,00 in April 2013, and KRW 3,40,000 in May 2013, as shown in the attached Table, within 14 days from the date on which the grounds for the payment occurred, without any agreement between the parties on the extension of the payment date, as well as the amount of KRW 9,710,00 in March 19, 2013.
2. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act.
However, according to the trial records, it is recognized that victims have withdrawn their wish to punish the defendant after the prosecution of this case. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.