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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is that the Defendant employs 90 full-time workers under the trade name of “C” in the e-mail city B, thereby running an electronic component manufacturing enterprise.
Defendant did not pay 221,319,959 won, in total, 54 employees’ wages and retirement allowances, including 1,872,560 won and 1,882,479 won, from March 1, 2016 to April 6, 2017, to employees who retired from the said workplace, within 14 days from the date of retirement without any agreement on extension of payment deadline, as shown in the attached crime list.
2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the employee’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.
In doing so, the workers can recognize the fact that they expressed their intention not to be punished for the defendant after the prosecution of this case was instituted.
Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.