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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the operator of C Co., Ltd. in Gyeongbuk-gun B, who was engaged in textile manufacturing business using four regular workers.
When a worker retires, the employer shall pay the wages, compensations, and other money, valuables, and retirement allowances within fourteen days after the cause for such payment occurred.
The defendant is working for the above company from March 1, 201 to July 7, 2018.
A retired worker D’s total amount of KRW 70,200,000 as well as KRW 2,700,000 on September 2015, and KRW 19,601,398 on the date of payment, as shown in the attached list of crimes, did not pay the same within 14 days from the date of the above retirement without any agreement on the extension of the payment period.
2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act, and 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
However, according to the records, it can be recognized that the victim expressed his/her intent not to punish the defendant after the prosecution of this case was instituted.
Therefore, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.