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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the representative director of C Co., Ltd. in Hanam-gun B, who runs the steel structure manufacturing business with ten regular workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the defendant is in charge of driving duties from November 2, 2015 to August 31, 2016 at the above workplace.
On November 2015, 2015, 17,113,107 won, including the remaining wage of 183,30 won, was not paid respectively within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment, without agreement between the parties on the extension of the payment.
2. The facts charged in the instant case are an offense against the victim’s express intent under Article 109(2) of the Labor Standards Act.
After the institution of the instant prosecution, the victims expressed their intention not to be punished against the Defendant on December 2, 2016 and December 19, 2016.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.