The prosecution of this case is dismissed.

Rejection of Public Prosecution

1. The Defendant, as the representative of C in Bupyeong-si, is an employer who runs a manufacturing business (influor margin) using 25 full-time workers.

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 11,256,225, as shown in the attached crime list, within 14 days from the date on which the cause for payment occurred, without an agreement between the parties on the extension of the payment period between the parties, as well as KRW 428,060, retired from the said workplace as the wage (amount remaining) of January 1, 2017, when he/she retired from the said workplace to July 28, 2017.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant did not pay KRW 3,014,754 of D retirement pay, which was retired from the above workplace from May 1, 2016 to July 28, 2017, within 14 days from the date on which the grounds for payment occurred, without an agreement between the parties on the extension of the payment deadline.

2. Determination

(a) Crimes of non-violation of intention (Article 109 (2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act);

B. Expression of intention not to punish the instant case after the indictment

C. Judgment dismissing public prosecution (Article 327 subparag. 6 of the Criminal Procedure Act)