The prosecution of this case is dismissed.

1. The Defendant and the facts charged are the joint representatives of Pyeongtaek-si C and 3 (ju)D located in Pyeongtaek-si and 3, who engage in manpower supply business with five full-time workers.

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

Nevertheless, the Defendant, in collusion with B, worked from April 1, 2013 to January 15, 2020, and did not pay wages of KRW 2,043,060 on December 1, 2019 of E that retired from the said place of business, plus KRW 3,049,940 on January 1, 2020, and KRW 3,049,940 on November 6, 2015 to January 15, 2020, wages of KRW 2,907,970 on December 12, 2020, wages of KRW 1,552,30 on January 1, 2020, wages of KRW 4,460,270 on January 27, 202 without agreement between the parties to the contract on extension.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, in collusion with B, the Defendant did not pay KRW 13,637,401 of retirement allowance E of retired workers and KRW 11,215,571 of F retirement allowance within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 subparagraph 1 and 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) Declaration of non-existence of punishment: Submission of each written agreement (including the expression of non-existence of punishment) by workers E and F on August 31, 2020;

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