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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the representative of C Company B and two parcels, who runs a manufacturing business with 22 regular workers. A.
The Defendant in violation of the Labor Standards Act is working at the above workplace from July 1, 2001 to August 31, 201.
5,385,660 won in total, including 1,731,100 won in the annual paid leave in 2009, 1,827,280 won in the annual paid leave in 2010, and 1,827,280 won in the annual paid leave in 2011, did not pay 5,385,660 won in the annual paid leave within 14 days from the date of retirement without any agreement on extension of the due date between the parties.
B. The Defendant violating the Guarantee of Workers' Retirement Benefits Act is working in the same workplace for the above period.
168,675 of retirement allowances of retired D was not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.
2. The above facts charged cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44(1) of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the above damaged workers D may recognize the fact that he/she withdraws his/her wish to punish the defendant after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.