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The prosecution of this case is dismissed.
Reasons
The summary of the facts charged in this case is the employer who had been operating the “C” located in the 3th floor of Dongdaemun-gu Seoul Metropolitan Government B building with 20 full-time workers. From November 7, 2009 to July 15, 2013, the Defendant did not pay 159,910 won to the retired workers D's 10th wage of May 2013, and did not pay 60,680,144 won in total, as stated in the details of the attached arrears, within 14 days from the date of retirement without any agreement on extension between the parties. The Defendant did not pay 10 retirement pay 63,528,070 won in total, including 14,515,380 won, and did not pay 10 retirement allowances within 14 days from the date of retirement without any agreement on extension between the parties.
This is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44(1) and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.
However, according to the contents of each agreement submitted to this court on January 14, 2015, the victims expressed their intent not to punish the defendant. Thus, 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.