All of the prosecutions of this case are dismissed.

1. The summary of the facts charged is an employer, who is a representative director of the Heung-gu building B or D Co., Ltd. with the main office of subparagraph C, who had been operating a car sales business with 38 full-time employees.

When a worker retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause occurs.

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

Nevertheless, the defendant is working as the chief executive officer from October 1, 2017 to March 31, 2019 at the beginning of the above workplace.

On March 2019, retired E- 11,293,660 won including the total of 9,500,000 won of wages, 2,380,280 won of income tax, and 14 days of retirement from the date of retirement without an agreement between the parties to the extension of the due date.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the defendant did not pay the retirement allowance of the above worker E within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

2. Determination

A. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act or subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (the facts charged) and cannot be prosecuted against each victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

B. According to the application for non-prosecution of punishment bound in the records of this case, the above application for non-prosecution of punishment was submitted on June 29, 2020, which was after the prosecution of this case, and the person who submitted the above application for non-prosecution of punishment was damaged.