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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is an employer who is a business operator who ordinarily employs five full-time workers as the representative of the Special Committee for the Development and Operation of Motor Vehicle Parts Wholesale Market Co., Ltd., and operates the motor vehicle parts design manufacturing business.
The Defendant works in the foregoing workplace from July 1, 2012 to December 31, 2018, as painting.
D's wages of KRW 2 million and retirement allowances of KRW 12,730,792 on December 2018 were not paid within 14 days from the date on which the cause for such payment occurred, without any agreement between the parties on the extension of the due date.
2. The facts charged in the instant case are the crimes 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, and Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act cannot be prosecuted against or against the victim’s explicit intent.
According to the "written withdrawal of complaint and written agreement," which is bound to the records, the victim D expressed his/her intention that he/she does not want punishment against the defendant on May 21, 2019.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.