The prosecution of this case is dismissed.

1. The Defendant, as the representative of the “C” in the Gunsan City B, is an employer who ordinarily employs five workers and engages in two category manufacturing businesses.

When a worker dies or retires, an employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred: Provided, That the period may, under special circumstances, be extended by mutual agreement between the parties concerned.

Nevertheless, the Defendant, as an employer, worked from September 1, 2017 to the 2th day of the same month and did not pay KRW 380,000 of the wages of September 2017 to the retired workers D within 14 days from the date of his/her retirement, which is the date on which the cause for payment occurred.

2. Determination

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

(b) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;

C. On July 9, 2018, submission of the withdrawal of the complaint to the victim (the court confirmed that the complaint was based on the victim’s intent)

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