The prosecution of this case is dismissed.

The summary of the facts charged is that the Defendant is the actual manager of the “C” located in the Gwanak-gu in Seoul Special Metropolitan City B and the branch of the Seoul Special Metropolitan City, who employs one full-time worker and runs the wholesale and retail business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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 KRW 395,240 in September 7, 2016, which was retired from the said place of business from the said place of business to December 14, 2016, KRW 2,750,00 in October 2016, KRW 2,750,00 in November 2016, and KRW 7,137,175 in December 2016, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

Judgment

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

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

3. Judgment dismissing a public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act (Submission of a written application for punishment on January 5, 2018, when the injured party institutes a public prosecution).