All of the prosecutions of this case are dismissed.

The defendant in the factory room is a user who is engaged in food business by using two regular workers as the representative of C in the B second floor at the time of the medical examination.

The Defendant provided his/her labor from May 10, 2012 to February 27, 2014 at the same place of business, and did not pay wages of KRW 5,750,000 and retirement allowances of KRW 737,130 to D who retired from the said place of business within 14 days from the date of the cause of the occurrence of the payment, without any agreement on extension of the payment date.

Judgment

Judgment

The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and Article 109(2) of the Labor Standards Act, and Article 44 proviso of the Guarantee of Workers’ Retirement Benefits Act cannot be prosecuted against the victim’s explicit intent.

However, according to the records, D may recognize the fact that it submitted a written agreement to the effect that it is not subject to punishment for the defendant on July 3, 2014, which was after the institution of the instant prosecution. Thus, D is dismissed in entirety pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.