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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged in the instant case is the employer who has run a septic tank manufacturing business with eight full time workers as the representative of the limited liability company C in the following City:
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred: Provided, That the period may, under special circumstances, be extended by mutual agreement between the parties concerned.
Nevertheless, the defendant is working as cargo truck article from June 20, 1990 to August 31, 2012 at the above workplace.
A retired worker D's wages of 1,535,250 won on June 6, 2012, 1,290,50 won on July 7, 201 of the same year, and 964,050 won on August 8, 201 of the same year, and retirement allowance of 3,07,415 won, and 6,867,215 won on the date of retirement without any agreement between the parties on the extension of the due date.
2. The case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the same Act. According to the records, a written agreement on April 5, 2013, which was after the prosecution of this case, submitted to this court that the victim would not be punished against the defendant. Thus, the prosecution against the defendant is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.