The prosecution of this case is dismissed.

1. The Defendant, as the representative director of C Co., Ltd. in Jeonyang-nam, is an employer who runs ready-mixed manufacturing business using five regular workers.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within fourteen 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 had worked from October 4, 201 to October 20, 2019 at the above workplace and had retired workers D's wages of KRW 2,630,760 in November 2018, and had not paid KRW 35,098,50 in total from the date of retirement without agreement between the parties to the extension of the payment due date, as shown in the attached crime list, as well as KRW 35,098,50 in the attached Table.

(b) 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.

Nevertheless, the Defendant worked in the above workplace from October 4, 201 to October 20, 2019, and did not pay 24,024,876 won of retirement allowances of retired workers D within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are cases in which a public prosecution may not be instituted against the intent expressed by the victim under the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act.

However, according to the trial records, it is recognized that the employee D expressed his/her intention not to punish the defendant after the prosecution of this case. Thus, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.