The prosecution of this case is dismissed.

1. The Defendant, as the representative of the C stock company located in Gangnam-gu Seoul Metropolitan Government B and fourth floor, is an employer who runs a product comprehensive brokerage business using two regular workers. A.

When a worker dies or retires, the employer in violation of the Labor Standards Act 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 is working from November 1, 2014 to January 28, 2019 at the above workplace.

D's wages of KRW 1,837,324 in December 2016, wages of KRW 2,392,290 in May 2017, and wages of KRW 2,392,290 in June 2017, and KRW 8,782,60 in January 2, 2019, were not paid within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

(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

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

Nevertheless, the Defendant is working from November 1, 2014 to January 28, 2019 at the above workplace.

The total amount of retirement allowances of retired D 9,956,031 won was not paid within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. The facts charged in this part of the judgment are the crimes falling under Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019; hereinafter “former Labor Standards Act”); Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the former Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act, and the prosecution of this case is instituted after the institution of the prosecution of this case.