The prosecution of this case is dismissed.

1. The Defendant is an employee who runs a construction business with 15 full-time workers, who is the actual manager of Daejeon-gu B and 1st century.

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

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

Nevertheless, the Defendant did not pay KRW 1,720,00 out of the paid-in wages in May 2019 and KRW 3,960,000,00 from the date of retirement within 14 days from the date of retirement without agreement between the parties to the extension of the due date for payment.

2. Determination

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

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

(c) Submission of a written withdrawal of a complaint on November 1, 2019, which was subsequent to the institution of public prosecution;

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