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All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged is that the Defendant, 2016 Highest 1909, who ordinarily employs 16 workers under the trade name D in Gyeongnam-gun C and operates a vessel processing business.
Where an employee dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date of occurrence of the cause for such payment, but the Defendant did not pay 68,541,00 won in total, including the 2,860,000 won in February 4, 2015 to March 17, 2016, as well as the 68,541,000 won in individual wages of the retired employee, within 14 days from the date of his/her retirement without agreement between the parties to the extension of the date of payment, as well as the 20th wages of the relevant employee, as in attached Form (D).
The defendant of "2017 Highest 209" is a D representative located in G in the Seoul Special Metropolitan City of Gyeongnam-si, Changnam-si, who ordinarily employs 13 full-time workers and operates the manufacturing business of components of ships.
From April 8, 2016 to May 21, 2016, the Defendant, while serving as a contact partner at the pertinent company, did not pay KRW 22,542,00,000, in total, of the wages of H 1,830,000 retired from office, as stated in the detailed statement of the money and valuables in arrears by each individual, within 14 days from the date of each retirement without any agreement on the extension of payment date between the parties concerned.
2. Each of the above facts charged is a crime 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.
According to the records, after the prosecution of this case was instituted, it can be recognized that workers I, E (the complaint was filed on behalf of workers I and E) and workersJ withdrawn the defendant's wish to punish the defendant. Thus, all prosecutions against each of the above facts charged are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.