The prosecution of this case is dismissed.

1. The summary of the facts charged is an employer who runs a manufacturing business using seven full-time workers as the representative director of C in Gwangju Mine-gu Co., Ltd.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 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 the wages of 2,122,160 won in May 2, 2017, which was retired from the said workplace from September 22, 2015 to September 30, 2017, the wage of 1,831,010 won in June 2017, the wage of 1,675,730 won in July 2, 2017, the wage of 2,280,675 won in August 2017, and the wage of 1,72,780 won in September 2, 2017, the total of 9,682,35 won in September 1, 2017, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

(b) An employer shall pay a retirement allowance within 14 days after the cause for payment thereof occurred, if a worker retires;

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

Nevertheless, the Defendant did not pay KRW 1,407,819 of D retirement pay from September 22, 2015 to September 30, 2017 at the same place of business within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

2. Determination

(a) Applicable legal provisions: Article 109(1) and Article 36 of the Labor Standards Act (the point of payment of wages), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the point of payment of unpaid wages);

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

(c) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act (the expression of intention not to punish a public prosecution of this case after the prosecution of this case);