The prosecution of this case is dismissed.

1. The Defendant, as the representative director of Yeongdeungpo-gu Seoul Metropolitan Government building B and D (main director) under subparagraph C, is a user who runs a cosmetic wholesale and retail business using four full-time workers.

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 is working in the above workplace from August 22, 2016 to January 20, 2017.

Retired Workers E’s wages of 1,833,333, November 11, 2016, wages of 1,833,333, monthly wages of 12 months, wages of 1,833,33, January 1, 2017, wages of 1,182,795, and said workplace from October 10, 2016 to December 15, 2016.

1,314,515 won paid in October 2016, the wage of 3,416,66 won in November, 11, and the wage of 1,763,440 won or more in December, 13,17,415 won in total was not paid within 14 days from each retirement date on which the cause for payment occurred, without agreement between the parties to the extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act; and

(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.

(c) Grounds for dismissing public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act.