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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is that the Defendant is the representative of the (State) C in the second floor in Jeju, who ordinarily employs six workers and operates a comprehensive construction business.
1. An employer in violation of the Labor Standards Act, where a worker dies or retires, shall pay wages, compensations, and other money and valuables within 14 days from the date when the cause for such payment occurred. However, the employer did not pay 52,652,110 won in total, as shown in the separate crime list, including the amount of wages 3,14,00 won in July 19, 2014 of E, who worked as an estimate and public duties from March 19, 2012 to September 30, 2015, and retired from office, within 14 days from the date of retirement without agreement on the extension of the due date between the parties.
2. Where an employee in violation of the Guarantee of Workers' Retirement Benefits Act retires, the employer has paid retirement allowances within 14 days from the date when the cause for such payment occurred, but he/she did not pay retirement allowances of KRW 12,029,220 from the D5th to September 30, 2015, which is the actual place of business of the said place of business, for estimate and official duties and did not pay retirement allowances of KRW 12,029,220 from the date of retirement within 14 days from the date of retirement without any agreement between the parties on the extension of the payment
2. Determination
(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 (1) and 9 of the Guarantee of Workers' Retirement Benefits Act;
(b) Crimes of non-performance of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.
(c) Declaration of non-existence of punishment: Submission of a written application for non-prosecution of punishment on September 8, 2016 that workers E does not want the punishment against the defendant;
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;