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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 representative of Seo-gu EF Council in Gwangju, who is an employer who engages in skin-type surgery with five regular workers. A.
When a worker retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the Defendant works from November 11, 201 to December 19, 2012.
The retirement G’s wages of KRW 2,300,00 from October 11, 201 to November 10 of the same year, and wages of KRW 2,300,000 to December 10 of the same year, and wages of KRW 667,00 from December 19, 201 thereafter, did not pay KRW 5,267,00 within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties.
(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Nevertheless, the Defendant did not pay KRW 2,506,820 of G retirement pay within 14 days from the date of retirement without agreement on the extension of the due date between the parties.
2. The facts charged in the instant case are those 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 cannot be prosecuted against the victim’s explicit intent under the latter part of Article 109(2) of the Labor Standards Act and Article 44 of the Guarantee of Workers’ Retirement Benefits Act.
According to the records of this case, on December 11, 2014, which was after the prosecution of this case, the victim G withdrawn the wish to punish the defendant. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.
It is so decided as per Disposition for the above reasons.