The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant is a representative director D, a company located in the 8th floor C of Sung-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, and runs software development business using two full-time workers.

(a) When a worker dies or retires, the employer who has violated such obligation shall pay the wages, compensations, or other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the defendant did not pay 47,972,070 won in total, as shown in the attached crime list, to E, who was employed as a worker from August 27, 2018 to December 17, 2019 at the above workplace and retired from office, within 14 days from the date of retirement, which is the date when the grounds for payment occurred, without an agreement between the parties on the extension of the payment deadline, as well as 47,972,070 won in the attached crime list.

(b) An employer who fails to pay a retirement allowance shall pay a retirement allowance within 14 days after the grounds for payment occur, in cases where the employee retires;

Nevertheless, the defendant worked in the above workplace from August 27, 2018 to December 17, 2019, and did not pay KRW 7,321,69 of E's retirement pay within 14 days from the date of retirement, which is the date of the occurrence of the payment cause, without the agreement between the parties on the extension of the payment date.

2. Determination

(a) A crime of non-violation of intention: Violation of the Labor Standards Act (Article 109(2) of the Labor Standards Act), which violates the Labor Standards Act (proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits);

B. Withdrawal of workers’ wish to punish the Defendant on January 15, 2021 after the institution of public prosecution

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