The prosecution of this case is dismissed.

1. The summary of the facts charged is an employer who is a person in charge of operating and operating a metal processing business with four full-time workers as the C representative director from Gangseo-gu Busan Metropolitan City to the C representative director.

(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, from June 2, 2014 to October 31, 2017, did not pay the total of KRW 46,950,000 for four workers within 14 days from the date of retirement, without any agreement on the extension of payment date between the parties, as stated in the details of personal delayed payment, as well as the total of KRW 16,60,000 from July 2, 2017 to October 10, 2017.

(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 mutual agreement between the parties in extenuating circumstances.

Nevertheless, as described in the preceding paragraph, the total amount of KRW 23,286,091, including KRW 13,379,392 of D retirement pay, as well as KRW 23,286,091, as stated in the details of the money and valuables in arrears by each individual, was not paid within 14 days from the date of retirement, without any agreement between the parties on

2. Determination

(a) Applicable legal provisions: Article 109(1) and Article 36 of the Labor Standards Act (which refers to the payment of wages, etc.), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which refers to the payment of unpaid wages);

(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. Non-prosecution of punishment: A written agreement on June 15, 2018, after the instant indictment, stating the intent not to punish the above workers. D.

Judgment dismissing a public prosecution: