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The prosecution of this case is dismissed.
Reasons
1. The Defendant is the representative director of the Seocho-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd. and operates a service business using 18 full-time workers. The Defendant did not pay KRW 2,54,120 for the portion of Sep. 1, 2014, as well as KRW 1,95,029, and KRW 2,554,120 for the portion of Oct. 1, 2014; KRW 2,554,120 for the portion of Nov. 2, 2014; KRW 2,554,120 for the portion of Dec. 12, 2014; KRW 554,120 for the total amount of KRW 59,010 for the portion of Jan. 15, 2015; KRW 10,216,480 for each of the parties to retirement allowances within 208 days from 140 days to the agreement; and KRW 164,480 for each of the parties to retirement allowances.
2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, or Articles 44 subparag. 1 and 9 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act, or the proviso of Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, it is recognized that the damaged worker expressed his/her intention not to be punished after the instant indictment, and thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.
It is so decided as per Disposition for the above reasons.