The prosecution of this case is dismissed.

1. The Defendant, as the representative of the Co., Ltd. in the seventh floor of Seocho-gu Seoul Metropolitan Government, is an employer who runs the agricultural fishery processing and sales business by ordinarily employing seven workers. A.

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

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

The Defendant is working at the foregoing workplace from September 1, 2015 to November 28, 2017.

A retired worker D's total of 51,163,326 won of wages and annual allowances, as stated in the attached Form, including the wage 1,000,000,000 won in November 2015, was not paid within 14 days from the date of retirement without an agreement between the parties to the extension of payment 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 of payment may be extended according to an agreement between the parties in extenuating circumstances.

The Defendant is working at the foregoing workplace from September 1, 2015 to November 28, 2017.

The retirement allowance of retired workers D was not paid 4,395,473 won within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. The judgment is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the written application for criminal punishment and withdrawal of complaint filed in the trial records of this case, worker D shall be the defendant on October 22, 2020, which is the date of the prosecution of this case.