The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant is the representative director of C, a joint-stock company in Jinhae-gu, Changwon-si, who ordinarily employs 19 workers and operates a logistics service 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.

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

Nevertheless, from September 4, 2013 to November 30, 2018, the Defendant is working as a person in charge of management affairs at the above workplace.

D's total amount of wages of KRW 32,934,760 and retirement allowances of KRW 19,952,125 and total amount of KRW 52,86,885, which is the date agreed on the extension of the payment date between the parties concerned, was not paid until February 28, 2019, in March 2018.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 (1) and 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. After the prosecution of this case, the withdrawal of a complaint and a written agreement are submitted to the effect that the victim does not want the punishment against the defendant.

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