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The prosecution of this case is dismissed.
Reasons
1. The accused of the facts charged is the employer who runs the manufacturing business in South Yangyang-gun B, and the employer shall pay wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred if he/she retires;
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
The Defendant did not pay the total of KRW 15,810,810 of the ten temporary closure allowances to 10 workers within 14 days from the date of retirement without an agreement between the parties on the extension of the due date of payment between the parties, as shown in the list of crimes in attached Form C, including KRW 2,465,070, which retired from the Defendant’s place of business from March 4, 2016 to March 31, 2016.
2. The judgment is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act. According to the records, the fact that the damaged workers expressed their intent not to punish the defendant after the indictment of this case was instituted can be acknowledged. Thus, the prosecution of this case is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.