The prosecution of this case is dismissed.

1. The Defendant is the president of the medical corporation CD hospital with the fourth floor in Kimhae-si, who ordinarily employs 75 workers and operates a health business.

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

Nevertheless, from July 25, 2014 to April 30, 2018, the Defendant is working as a caregiver at the above hospital.

The difference in the wages of the retired E in total of 20,962,805 won and retirement allowances in total of 2,429,730 won and 23,392,535 won were not paid within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.

2. Determination

(a) Provisions of applicable provisions to charges: Article 109(1) and Article 36 of the Labor Standards Act; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-performance of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

(c) The injured party shall express his intention not to want the punishment of the accused after the prosecution is instituted;

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