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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is an employer who employs two full-time workers without a trade name or a construction business license and engages in personal construction business with his/her domicile in Young-gu B and 206, Young-gu, Young-gu.
When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant, by being awarded a contract for news block construction in C, did not pay 14 days from his/her retirement without an agreement between the parties to the extension of the due date of payment, the total of KRW 2,710,000,000,000 from September 5, 2013 to July 28, 2014, which worked as a simple labor worker in the loyalty industrial complex, etc. from September 5, 2013 to July 28, 2014.
2. The instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act.
However, according to the written withdrawal of a complaint and each of the protocol of mediation, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant after the indictment of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6