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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the representative of C Co., Ltd. located in 502 of the former building B, who carries on construction business with five regular workers during the period of Ansan.
The Defendant worked in the foregoing workplace from May 25, 201 to June 15, 2012, and did not pay KRW 917,970 and retirement allowance 1,942,154 in June 2012 within 14 days from the date of retirement, which is the date of the occurrence of the relevant cause for payment, without any agreement between the parties on extension of the due date.
2. The above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and crimes falling under subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's explicit intent pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the records, since workers D expressed his/her intention not to punish the defendant after instituting a public prosecution, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure