The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant is the actual operator of the medical corporation C in the racing-si, who ordinarily employs more than one hundred workers and operates the convalescent hospital. A.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, while working at the above foundation’s workplace on May 1, 2019, did not pay KRW 1,810,000 as wages of April 2019 to retired workers D within 14 days from the date of retirement.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant, while working at the above foundation’s workplace on May 2019, did not pay 15,118,288 won in total, including 2,136,220 won in retirement allowance E and 12,982,068 won in retirement allowance for the same employee D, within 14 days from each retirement date.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. Since the facts charged in the instant case are acknowledged that the victim’s employee expressed his/her intent not to be punished against the Defendant after the instant indictment was instituted, all of the instant indictments in accordance with Article 327 subparag.