The prosecution of this case is dismissed.

1. The Defendant, as a representative in the Daegu-gu month B, is an employer who employs three full-time workers and operates a unregistered individual construction business.

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

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

Nevertheless, the Defendant is working until October 16, 2015 at the construction site of new commercial buildings located in Seogu-gu Seoul Metropolitan City under the jurisdiction of the said business site.

A retired worker E’s total wage of KRW 1,120,00 in October 2015 and KRW 660,000 in October 2015 and KRW 1,120,000 in total, were not paid respectively within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. Determination

(a) Relevant legal provisions: Articles 109(1) and 36 of the Labor Standards Act;

(b) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act.

C. Expression of intention not to punish: D August 26, 2016, which was after the institution of public prosecution.

Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act