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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is that the Defendant was an actual operator of Mapo-gu Seoul Metropolitan Government Company C, a company located in Mapo-gu, who runs a travel business using two full-time workers.
If an employee retires, the employer shall, unless agreed by the parties, pay all money and other valuables and retirement allowances, such as wages, within 14 days from the date of his/her retirement, but the Defendant did not, within 14 days from the date of his/her retirement without an agreement between the parties, pay the total amount of wages for 7 employees as stated in the list of crimes in the attached Form, including KRW 358,760, August 2016, for 2016, for 65,936, 145, and the total amount of wages for 11,397,318, including those for 7 employees as stated in the list of crimes in the attached Form.
2. Violation of the Labor Standards Act due to unpaid wages, and violation of the Act on Guarantee of Workers’ Retirement Benefits due to unpaid retirement allowances cannot be prosecuted against the victim’s express intent (Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on Guarantee of Workers’ Retirement Benefits). On July 26, 2018, since all victimized workers expressed their intent not to be punished by the Defendant, the instant public prosecution is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.