The prosecution of this case is dismissed.

The Defendant is an employer who runs a construction business under the trade name of “D” by employing 20 full time workers in Songpa-gu Seoul Metropolitan Government and C.

When a worker dies or retires, an employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred: Provided, That the period may, under special circumstances, be extended by mutual agreement between the parties concerned.

Nevertheless, the Defendant worked at the construction site managed by the Defendant in Ansan-si from July 1, 2020 to July 31, 2020, and did not pay KRW 5,700,000 to retired workers G wage within 14 days from the retirement date, which is the date on which the cause for payment occurred, as stated in the list of crimes in the attached Table, and did not pay KRW 33,840,000, total amount of nine workers’ wages within 14 days from the retirement date on which the cause for payment occurred.

2. Determination

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

(b) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;

(c) Non-legal history of punishment: The withdrawal of a petition on March 23, 2021;

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