The prosecution of this case is dismissed.

1. The Defendant, as a C representative in Seo-gu Incheon, is a user who runs a manufacturing business of fire safety goods using eight 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 payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant employed in the above workplace from June 13, 2016 to October 20, 2017 and did not pay KRW 2,00,000 in the wage balance of June 2017 of retired workers D, wages of July 3, 200, wages of August 3, 500, wages of August 3,500, wages of September 3,50,000, wages of October 2,333,330, total wages of 14,833, and 30 won within 14 days from the date of retirement without an agreement between the parties to the extension of the payment period.

(b) An employer shall, when a worker dies or retires, pay the retirement allowance within 14 days after the cause for such payment occurred;

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

Nevertheless, the defendant employed in the above workplace from June 13, 2016 to October 20, 2017 and did not pay KRW 4,677,117 of retirement allowances of retired workers D within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

2. Determination

(a) Crimes of non-violation of intention: Articles 109 (2), 109 (1), and 36 of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. After the prosecution of this case, the “written application for agreement and non-prosecution for punishment” was submitted, stating the expression of intention not to punish the above worker.

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