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The prosecution of this case is dismissed.
Reasons
1. In the facts charged, the Defendant is an employer who is a representative director of the Co., Ltd., which is located in B, employs 150 full-time workers and operates a business processing electricity of a ship.
1. The Defendant in violation of the Labor Standards Act did not pay the total of KRW 96,938,640 of the wages of 45 retired workers within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties, as stated in the attached list of crimes, as well as KRW 2,042,20 of the D’s retirement that the Defendant retired from the said workplace as an employee from July 1, 2014 to July 31, 2017, as well as KRW 2,042,20 of the D’s retirement wages in July 7, 2017.
2. The Defendant violated the Act on the Guarantee of Retirement Benefits for Workers did not pay the retirement allowances of KRW 2,381,910 of the D retirement allowances that he/she retired from the said workplace as an employee from July 1, 2014 to July 31, 2017 as well as KRW 9,030,483 of the total retirement allowances of KRW 47 of the retired workers within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties, as shown in the list of crimes in the attached Form.
2. The facts charged of this case can not be prosecuted against the victim's explicit intent under Article 109 (1) and Article 36 of the Labor Standards Act, Article 44 subparagraph 1 and Article 9 of the Workers' Retirement Benefit Guarantee Act, and Article 109 (2) of the Labor Standards Act and the proviso of Article 44 of the Workers' Retirement Benefit Guarantee Act. According to the records, the facts that all the damaged workers have withdrawn their wish to punish the defendant after the indictment of this case was instituted can be acknowledged. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.