The prosecution of this case is dismissed.

1. The summary of the facts charged is the defendant, as the representative of Young-si, Young-si B, and C in the first floor, who ordinarily employs one worker and runs Schlage wholesale and retail business.

(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 an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 4,90,000, the total amount of D’s wages of KRW 1,300,000 in February 2018, which had been engaged in the work of calculation source from December 9, 2016 to April 30, 2018, the wage of KRW 1,80,000 in March 2018, and the wage of KRW 1,800,00 in April 2018, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

(b) Where an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred;

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

Nevertheless, the defendant did not pay KRW 2,533,354 of D retirement pay as above within 14 days from the date of retirement without the agreement between the parties on the extension of payment period.

2. Determination

(a) Applicable legal provisions: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Workers’ Retirement Benefits Guarantee Act;

(b) 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;

C. Declaration of non-existence of punishment: A letter of withdrawal of a petition stating the intent of non-existence of punishment against the defendant is submitted to this court on July 12, 2018;

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