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The prosecution of this case is dismissed.
Reasons
1. The Defendant is the representative of the Dongjak-gu Seoul Metropolitan Government C Co., Ltd. located in Dongjak-gu, and is an employer who runs mother and child manufacturing business using 39 full-time workers.
A. The Defendant in violation of the Labor Standards Act did not pay KRW 1,814,440 on April 2, 2019, which was retired from the said company from April 26, 2005 to July 31, 2019, wages of KRW 1,964,710 on May 5, 2019, KRW 1,775,300 on June 6, 2019, KRW 1,986,930 on July 26, 2019, KRW 7,541,380 on the extension of the payment date, within 14 days from the date of retirement without an agreement between the parties to the extension of the payment date.
B. The Defendant violated the above D’s retirement benefits guarantee payment of KRW 27,769,453 did not pay the said D’s retirement benefits within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.
2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act. Since the facts charged in the instant case are acknowledged that the victimized employee has withdrawn his/her wish to punish the Defendant after the instant indictment was instituted, the prosecution against the Defendant is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.