The prosecution of this case is dismissed.

1. The summary of the facts charged is a person who runs a construction business with five full-time workers, who is the representative of D in Gyeonggi-si, B, and C, as a representative of D.

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.

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

Nevertheless, the Defendant did not pay the total amount of KRW 9,390,000 for six workers, such as E’s wage of KRW 4,950,00,00, working from October 17, 2017 to February 28, 2018 at the above workplace, within 14 days from the date of retirement, without agreement between the parties on the extension of payment period.

2. Determination

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

(b) Workers shall express their intent not to be punished after prosecution.

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