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The prosecution of this case is dismissed.
Reasons
1. The Defendant, as the representative of the Co., Ltd. C in Daegu Dong-gu, is an employer who runs a construction business using six full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
The defendant works in the above workplace from November 26, 2018 to November 30, 2018.
A retired worker D's total amount of KRW 3,250,000,000, as shown in the attached list of crimes, including KRW 1,250,000 on November 1, 2018, was not paid within 14 days from the date of his/her retirement without any agreement on extension of the due date between the parties concerned.
2. Determination
(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act; and
(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.
C. After the prosecution of this case, a letter of withdrawal of complaint containing the employee D who representing the victimized workers following the prosecution of this case was submitted.
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;