The prosecution of this case is dismissed.

1. The summary of the facts charged is the representative of the Daegu Jung-gu Co., Ltd., and the user who employs six full-time workers and operates a wedding business.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and 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.

On August 1, 2016, the Defendant, while working under employment with the above company on July 5, 2019, did not pay KRW 20,191,910 in total, and KRW 78,250 in the year-end year-end refund of 2018 as shown in the attached Table of Crimes, including KRW 20,191,910 in total, and KRW 42,321,05 in total, wage and year-end settlement refund of three workers as shown in the attached Table of Crimes, within 14 days from each retirement date, without any agreement on the extension of the payment date with workers and employees.

2. 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

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

On August 1, 2016, the Defendant, who was employed by the foregoing company on July 5, 2019 and was retired on July 5, 2019, did not pay 20,576,076 won in total, including 11,718,514 won of D retirement pay to employees who were retired on July 5, 2019, within 14 days from the date of each retirement without any agreement on extension of the due date with employees.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-violation of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. A worker D submitted a written agreement on April 2020 and May 2020, 2020, stating the worker's intent not to punish the defendant.