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The prosecution of this case is dismissed.
Reasons
1. The Defendant is a user who operates a construction company with four full-time workers as a representative director of Guro-gu Seoul Metropolitan Government Construction Co., Ltd. (main) located in Guro-gu and 301.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date for payment.
Nevertheless, the Defendant employed by the Defendant and worked on October 1, 2012 at the underground roadway construction site, etc. in Yongsan-gu Seoul Metropolitan Government and worked on January 31, 2014, paid KRW 3,000,000 as wages of October 3, 2013, wages of KRW 3,000,000 as wages in November 2013, and wages of KRW 3,00,000,00 as wages in December 2013, and KRW 12,00,000 as wages in January 3, 200, although there was no agreement between the parties on the extension of the payment date, each retirement date did not pay KRW 14 days from the date of each retirement.
2. Determination
(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;
B. After the prosecution of this case, a written agreement and a written withdrawal of complaint stating the victim's expression of non-original intent to punish the victim is submitted.
(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;