The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant, as the representative of Gangdong-gu Seoul Metropolitan Government Building C and D Co., Ltd. located in the second floor, runs the wholesale and retail business using two full-time workers.

(a) When a worker dies or retires, the employer shall pay the wages, retirement allowances, compensation, and other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay 1,50,000 won of wages of 1,50,000 from September 1, 2016 to March 10, 2018, wages of 2,50,000 won on February 2, 2018, wages of 714,285 won on March 3, 2018, 14,05 won of annual settlement refund of 2017, 149,050 won of money and valuables of 57,080 won of money and valuables of 4,920,415 won of money and valuables of 57,080 won of money and valuables of 2017, and 57,080 won of money and valuables of 57,080 won of money and valuables from retirement, without agreement on the extension of the payment period between the parties.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

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

Nevertheless, the Defendant did not pay KRW 3,692,626 of E retirement pay within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

2. Determination

(a) Applicable Act: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers' Retirement Benefits Guarantee Act;

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

(c) on November 26, 2018, an expression of intent that workers E does not want to be punished for the accused;

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