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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the user who operates a manufacturing business with four full-time workers employed by the representative of the Co., Ltd. in the racing-si.
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 18,150,844 won of retirement allowances of retired workers D within 14 days from the date of his retirement to December 1, 2017, as the said company’s place of business had worked from January 10, 208 to December 1, 2017.
2. The facts charged in the instant case are crimes falling under Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, which cannot be prosecuted against the victim's explicit intent under the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits. Since the victim D withdraws his/her intent to punish the defendant after the institution of the instant indictment, the instant indictment is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.