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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is that the Defendant, as the actual representative of the Co., Ltd. C at the time of racing, employs approximately 14 full-time workers and operates theme park.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the Defendant did not pay the total of KRW 3,00,000 wages of D workers retired from office around November 30, 2017; KRW 2,300,000 for workers E retired from office on the same day; KRW 2,300,000 for workers retired from office on the same day; KRW 2,30,000 for workers F’ wages of G workers retired from office on the same day; KRW 1,850,000 for workers retired from office on the same day; and KRW 14,950,000 for workers H’ wages on the same day; and KRW 3,50,000 for workers retired from office on the same day, respectively, within 14 days from the date of each retirement.
2. The facts charged in the instant 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 pursuant to Article 109(2) of the Labor Standards Act.
In this case, the victims expressed their intention not to want punishment for the defendant on February 7, 2018, which was after the prosecution of this case was instituted, and thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.