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The prosecution of this case is dismissed.
Reasons
1. The summary of the facts charged is the representative director of C Co., Ltd. in Ansan-si B, who runs the automobile maintenance business using six regular workers.
1. Where a worker dies or retires, the employer in violation of the Labor Standards Act was paid wages, compensations, and all other money and valuables within 14 days from the date when the cause for such payment occurred, but the Defendant did not pay 14,310,000 won in total, including the wages of 480,000 won in January 15, 201 to January 22, 2013 of the said workplace and the wages of 14,310,000 won in total for 6 workers, as shown in the separate crime list, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.
2. Where an employer in violation of the Guarantee of Workers' Retirement Benefits Act retires, the employer has paid retirement allowances within 14 days from the date when the cause for such payment occurred, but the Defendant was employed on January 22, 2013 in the said workplace and has not paid 3,849,790 won of retirement allowances of retired workers D within 14 days from the date of retirement without agreement between the parties to the extension of the due date.
2. We examine the judgment. Each of the above facts charged is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's express intent under Article 109(2) of the Labor Standards Act, and Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act. According to the records, the worker has withdrawn his/her wish to punish the defendant after the above indictment. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.