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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the representative of D Co., Ltd., located in B 304 (C and 2) at the time of Si interest, who employs one full-time employee and operates manufacturing business, such as new and renewable energy machinery, parts, etc.
From October 1, 201 to September 5, 2013, the Defendant retired from the said workplace and did not pay KRW 3,166,660 on June 6, 2013 of E, wages of KRW 3,166,60 on July 7, 2013, wages of KRW 3,166,66,60 on August 8, 2013, and wages of KRW 527,70 on September 1, 2013, and KRW 10,027,750 on retirement allowances, KRW 4,048,350 on retirement allowances, within 14 days from the date of retirement without an agreement on extension of the payment date between the parties concerned.
2. The judgment is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, it is evident that E has withdrawn his/her wish to punish the Defendant after the instant indictment was instituted. Thus, the instant indictment is dismissed under Article 327 subparag. 6 of the Criminal Procedure Act.