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All of the prosecutions of this case are dismissed.
Reasons
1. The Defendant is an actual employer who runs a manufacturing company D with six full-time workers in Gwangju Mine-gu.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant worked between July 13, 2015 to October 20, 2015 and retired workers E’s wages of 3,300,000 won in September 2015, and wages of 1,809,680 won in October 2015, and wages of 6,009,680 won in total, including wages of 90,000,000 won in October 26, 2015, and did not pay 6,09,680 won in total, without agreement on extension of the payment date between the parties.
2. Determination:
(a) Each crime of non-violation of intention;
B. Each of the E and F’s intent not to punish the instant indictment (the statement at the fifth trial date on May 30, 2017)
C. Dismissal of public prosecution pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act