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The prosecution of this case is dismissed.
Reasons
1. The Defendant is a business owner located in Nam-gu Incheon Metropolitan City B, who was engaged in a manufacturing business with one regular worker.
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.
except that the date may be extended by agreement between the parties.
Nevertheless, the Defendant, at the above workplace from May 1, 2013 to June 23, 2014, did not pay KRW 34,183,30 as well as KRW 3,50,000 of the wages of retired workers D in September 2013, as shown in the separate crime list, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date for payment.
2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act that cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act. According to the records, the facts can be acknowledged on March 13, 2015 after the institution of the instant public prosecution, on which a written agreement stating the intent of D, who is a worker, to not wish to punish the defendant, was submitted. Thus, the instant public prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.