The prosecution of this case is dismissed.

Punishment of the crime

The defendant is the representative of the Daegu Suwon-gu Dispute Resolution Co., Ltd., and is an employer who has been engaged in manufacturing and construction business by employing 30 full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or 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 worked at the said workplace from October 3, 2018 to March 1, 2020, and did not pay 34,340,000 won in total for five retired workers, as shown in the attached crime list, as well as 34,340,000 won in total, as stated in the attached crime list, within 14 days from the date of retirement without agreement on the extension of the due date.

2. 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

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

Nevertheless, the Defendant, while working in the said workplace from May 14, 2018 to December 21, 2019, did not pay the total of 184,612,668 retirement allowances of the retired employee as shown in the attached crime list, including KRW 4,91,708 of the retirement allowances of the retired employee E, within 14 days from the date of retirement, as stated in the attached crime list.

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, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. After the prosecution of this case, the above workers expressed their intention not to punish the defendant.

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