The prosecution of this case is dismissed.

1. The summary of the facts charged is the representative of Co., Ltd. C in Dongdaemun-gu Seoul Metropolitan Government, who runs a wholesale and retail business with ten full-time workers. A.

When a worker dies or retires, the employer shall pay the wages, compensations, and 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 did not pay KRW D’s wages of KRW 833,330 on November 30, 2019, working from November 12, 2018 to November 30, 2019, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay KRW D retirement allowance of KRW 2,662,04, which had worked from November 12, 2018 to November 30, 2019 at the same place of business, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-violation of will (Article 109(2) of the Labor Standards Act, and proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act);

C. Indication of the non-existence of punishment for victimized workers after the prosecution of this case

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