The prosecution of this case is dismissed.

1. The summary of the facts charged in this case is the representative director of the D Co., Ltd. located in Geumcheon-gu Seoul Metropolitan Government, who runs the business of developing and maintaining the computer system by using three regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within fourteen 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 is working in the workplace from February 1, 2014 to June 24, 2019.

The retired E's 1,682,930 won for the year 2017 year-end tax settlement, 4,097,073 won for the month 5, and 4,80,000 won for the month 2019, and 31,679,571 won for retirement benefits, and 42,259,574 won for the year 2019, respectively, were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. Determination

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

(b) Declaration of non-declaration of punishment: Documents dated November 18, 2020;

(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;