The prosecution of this case is dismissed.

1. The summary of the facts charged is a person who actually operates C Co., Ltd. located in Seo-gu Incheon, Incheon, and is an employer who engages in real estate development business using five full-time workers.

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

Nevertheless, the Defendant provided labor from September 7, 2015 to March 31, 2017 to retired workers D’s payment of the total of KRW 31,00,000 of the unpaid wages on September 7, 2015 to March 31, 2017, and the Defendant did not pay KRW 32,888,709, respectively, within 14 days from the date of each retirement without agreement on the extension of payment due date between the parties, as described in the attached list of crimes.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the defendant did not pay 7,835,616 won of retirement allowance D of the above worker at the above workplace within 14 days from the date of each 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. On January 4, 2019, the Defendant, after filing a prosecution, submitted to this court a written application for non-compliance with the preparation of the victims who stated their intent not to punish the Defendant.

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