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The prosecution of this case is dismissed.
Reasons
The summary of the facts charged in the instant case is that the Defendant, as the representative of N Co., Ltd. located in the Gyeonggi E Co., Ltd., employs seven full-time workers and operates the chemical plant manufacturing business. In the event an employee retires from office, the employer would pay wages and all other money and valuables within 14 days from the time when the cause for such payment occurred, notwithstanding the fact that the employee was paid wages and other money and valuables within 14 days from July 1, 2011 to March 20, 2012, the Defendant did not pay 6,44,310 won, such as wages, etc., of the employee’s directors retired from office in the instant workplace within 14 days from the time when the cause for payment occurred without an agreement on the extension of the due date between the parties as shown in the attached list of crimes.
However, this is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act.
However, according to the records, it can be recognized that each written agreement was submitted to the effect that the victims, after the institution of the prosecution of this case, do not want the punishment of the defendants in this court on October 2, 2013.
Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.