All of the prosecutions of this case are dismissed.

The summary of the facts charged in the instant case is the actual operator of the C Company in Daegu Northern-gu B, who ordinarily employs six workers and carries on shower manufacturing business. A.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the defendant works in the above workplace from March 16, 2018 to October 31, 2019.

A retired worker D’s monthly wage of KRW 2,300,00,000 for April 2018, from May 2, 2018 to December 12, 2018, and the wage of KRW 2,23,25,08,00 for July 2, 2019 and KRW 2,068,890 for October 2, 2019, and KRW 90 for the total of KRW 2,25,00,083 for payment was not paid within 14 days from the date of occurrence of the cause for payment, without agreement between the parties to extend 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 works in the above workplace from March 16, 2018 to October 31, 2019.

A retired retirement allowance of KRW 3,549,492 was not paid within 14 days from the date of occurrence of the cause for payment without an agreement between the parties to the extension of the due date.

Judgment

All of the facts charged in this case are crimes falling under Article 109(1) of the Labor Standards Act, and cannot be prosecuted against the victim’s express intent under paragraph (2) of the same Article.

However, according to each written application for non-prosecution of punishment submitted by the defendant, D may recognize the fact that he/she has withdrawn his/her wish to punish the defendant on June 16, 2020, which was after the indictment of this case was instituted.

Therefore, all of the prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.