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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the defendant as the representative of the Co., Ltd. Kimpo branch in the third floor of the building B in Kimpo-si, who is an employer who runs the business of wholesale in Supo-Spori, employing 40 full-time workers.
The Defendant worked as a salesperson from November 1, 2012 to May 12, 2014, and retired D’s wages of KRW 2,320,80 on April 2014 and KRW 3,219,180 on May 2014, the Defendant did not pay KRW 3,219,180 within 14 days after the cause for the payment occurred without an agreement on the extension of the due date between the parties.
B. In addition, the Defendant did not pay KRW 900,000,000 in the difference in D’s retirement pay within 14 days from the date of occurrence of the cause for payment without agreement between the parties on extension of the due date.
2. The determination is based on the case where the injured worker cannot institute a public action against the express will of the injured party under Article 109(1) and Article 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act, and the injured worker expressed his wish not to prosecute the accused. The facts charged in this case constitute a case where the injured party expressed his wish not to institute a public action against the express will of the injured party, and thus, the prosecution in this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.