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The prosecution of this case is dismissed.
Reasons
1. The Defendant, as the representative of the C in Busan Gangseo-gu, is an employer who runs the business of manufacturing vessel components with 12 full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and where the worker retires, the employer shall pay the worker a retirement allowance within 14 days after the cause for such payment occurred.
Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant, at C’s workplace from June 2, 2012 to July 18, 2017, did not pay KRW 11,741,930 of wages and retirement allowances of retired workers D and KRW 15,288,120 of wages and retirement allowances of employees D, as stated in the statement of personal money and valuables in arrears, and did not pay KRW 229,775,431 of the total amount of wages and retirement allowances of 12 employees within 14 days from the date of retirement without agreement between the parties on the extension of the due date.
2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, or Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and thus, cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act or the proviso to Article 44 of the Workers’ Retirement Benefit Security Act.
Since victims expressed their intent not to punish the Defendant on December 11, 2017, which was after the prosecution of this case, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.