The prosecution of this case is dismissed.

1. The gist of the facts charged is that the Defendant is the actual management owner of the 7th floor C Co., Ltd. of the building B, following the following: (a) the Defendant is an employer who has run civil engineering and design services using 30 full-time workers.

When a worker retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days from the date on which the cause for such payment occurred: Provided, That if there are special circumstances, the due date may be extended by mutual agreement between the parties concerned.

Nevertheless, the Defendant worked from January 1, 2013 to December 31, 2018, and did not pay the wages of KRW 3,824,180 on August 1, 2016 to employees D who retired as of January 1, 2019 within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

(b) Where an employer has unpaid contributions to a participant at the time of retirement of the participant of a defined contribution plan, the employer shall pay the contributions and interest for arrears to the account of the defined contribution plan within 14 days from the date of retirement of the participant;

Provided, That the due date may be extended by an agreement between the parties if any special circumstance exists.

Nevertheless, even though the Defendant established a defined and conclusive retirement pension plan as of March 17, 2016 at the above workplace, the Defendant worked from January 1, 2013 to December 31, 2018 at the above workplace, and did not pay KRW 17,089,150 of the unpaid amount of the defined and fixed amount of retirement pension and interest interest 184,116 to D within 14 days from the date of retirement without agreement on the extension of the due date between the parties, as shown in the attached list of crimes.

2. Crimes of non-prosecution for judgment: Article 109(2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act: Judgment dismissing a public prosecution with a statement that the victimized worker does not want the punishment of the defendant after the prosecution of this case: Article 327 subparag. 6 of the Criminal Procedure Act.