The prosecution of this case is dismissed.

The Defendant, as the actual representative of the CC in both weeks, is an employer who is a business operator who runs a construction business (telecommunications and Fire Services Corporation) by employing 12 full-time workers.

(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 KRW 3,074,220 out of the wages in November 2019, and KRW 5,745,187 of the total amount of money and valuables of KRW 2,670,967 in December 2019, within 14 days from the date of retirement, which is the date of the cause of payment, without agreement between the parties on the extension of the payment deadline.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee 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 74,835,49 of D's retirement pay to the above workplace within 14 days from the date of retirement, which is the date of the occurrence of the payment cause, without agreement between the parties on the extension of the payment date, as it is responsible for on-site agency and official duties from June 3, 2003 to December 18, 2019.

2. Determination

(a) Crimes of non-criminal punishment: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

(b) He/she shall express his/her intention not to punish a person after prosecution;

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