The prosecution of this case is dismissed.

1. The Defendant is the operator of the Kanpo-si Co., Ltd., located in the Kanpo-si B, who operates a medical device manufacturing and wholesale business using 18 full-time employees.

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 in special circumstances, the date may be extended by an agreement between the parties concerned.

Nevertheless, the Defendant is working in the foregoing workplace from June 1, 2018 to December 13, 2019.

A total of KRW 34,937,906, including KRW 3,916,700 on April 2019, as indicated in the separate list of crimes, did not pay KRW 34,937,906 within 14 days from the date of retirement without an agreement between the parties to the extension of the due date.

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

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

Nevertheless, the Defendant is working in the foregoing workplace from June 1, 2018 to December 13, 2019.

The retirement allowance of 5,967,400 won was not paid within 14 days from the date of retirement without an agreement between the parties on 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. It shall submit a “agreement and withdrawal of a complaint” to the effect that the victimized employee does not want to be punished against the Defendant after the indictment.

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