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All of the prosecutions of this case are dismissed.
Reasons
1. The summary of the facts charged in this case is as follows: while the defendant is the representative director of the C Co., Ltd. in Seongbuk-gu, Sungnam-si, and has been engaged in construction business by using six full-time workers, the defendant did not pay 2,500,000 won for the portion of September 26, 2011 to October 17, 2013 of the retired workers D, and paid 4,60,000 won for the total of 2,10,000,000 of wages and 4,837,701 won within 14 days from the date of his retirement without an agreement on the extension of payment period between the parties.
2. Determination and conclusion-finding. Each of the above facts charged is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparags. 1 and 9 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 or the latter part of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records on the withdrawal of the petition filed in the records, it is recognized that D, who is the victimized employee of the instant case, has withdrawn his/her wish to punish the Defendant on July 22, 2014, which is after the institution of indictment.
Therefore, all of the public prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.