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The prosecution of this case is dismissed.
Reasons
Punishment of the crime
1. The summary of the facts charged is a business operator who employs six full-time workers in the name of “C” from the Bupyeong-gu Incheon Bupyeong-gu B and the branch of “C” and is engaged in software development business.
1. On August 1, 2015, the Defendant violated the Labor Standards Act: (a) the Defendant, while working in the said workplace from around February 1, 2017 to around February 1, 2017, failed to pay KRW 28,420,00 of the wages for the pertinent period to the retired from the said workplace within 14 days from the date of retirement without agreement on the extension of the payment deadline; and (b) the Defendant, as indicated in the attached Table, failed to pay the total amount of KRW 135,094,643 of the wages of six retired workers who retired from the said workplace, within 14 days from the date of retirement,
2. The Defendant violated the Act on the Guarantee of Retirement Benefits of Workers: (a) the Defendant did not pay KRW 4,923,465 of the retired retirement benefits to the said workplace from August 1, 2015 to February 1, 2017 without agreement on the extension of the payment deadline; and (b) did not pay KRW 33,440,364 of the retirement allowances of six workers retired from the said workplace within 14 days from the date of the retirement without agreement on the extension of the payment deadline; and (c) as indicated in the attached Table, the Defendant did not pay the total amount of KRW 33,440,364 of
2. Determination and conclusion
(a) Applicable legal provisions: Article 109(1) and Article 36 of the Labor Standards Act; Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers;
(b) Crimes of non-criminal punishment: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;
(c) the submission of each written withdrawal of a complaint that contains an expression of intent not to punish the Defendant after the institution of the instant prosecution by D, E, F, G, H, and I, who is an employee.
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;