The prosecutor's appeal is dismissed.

1. Although the gist of the grounds for appeal of this case was finally decided to dismiss the previous application for adjudication, the charges of this case can be prosecuted by the latter part of Article 262(4) of the Criminal Procedure Act, since important evidence, such as the suspect examination of the accused, the complainant and reference witness, the police protocol against K, E, I, and J, and the preparatory documents in related civil cases, are newly discovered after the above decision became final and conclusive.

Nevertheless, the court below erred in the misapprehension of legal principles as to the requirements for prosecution under the latter part of Article 262 (4) of the Criminal Procedure Act or the misapprehension of legal principles as to the dismissal of this part of the prosecution on the ground that it is difficult to see that other important evidence has

2. Determination

A. The latter part of Article 262(4) of the Criminal Procedure Act provides that a case for which a decision to dismiss an application for adjudication has become final and conclusive shall not be prosecuted unless other important evidence is found.

In this context, “the discovery of other important evidence” refers to a case where there is sufficient evidence to the extent that the evidence newly discovered was added to the evidence submitted at the time of the decision to dismiss an application for adjudication, and it does not constitute a case where there is any doubt as to the legitimacy of the decision to dismiss the application for adjudication, or where there is sufficient evidence to the extent that it is necessary to proceed with a criminal trial in order to protect the rights of crime victims (see Supreme Court Decision 2014Do17182, Dec. 28, 2018).

The summary of this part of the facts charged is the representative of C in Busan Shipping Daegu, who is an employer as a person in charge of human resources supply business with approximately 400 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred, and in special circumstances, the parties concerned.