The prosecution of this case is dismissed.

1. The Defendant is a company representative director in Dobong-gu Seoul Metropolitan Government who ordinarily employs four workers and operates wholesale and retail and manufacturing business (livestock products and livestock products processing). A.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant is working from April 1, 2016 to April 22, 2019 at the above workplace.

5,472,021,000 retirement allowances for retired workers D shall be employed for the same period.

Retirement allowances for retired E shall be 6,355,953 won, and shall be employed from March 1, 2018 to April 22, 2019.

A retirement allowance of retired workers F was not paid KRW 13,875,695 in total,00,000 for 2,047,721 won, within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

(b) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the defendant works in the above workplace.

The retired worker D's wages of 991,667 won in April 2019, and the worker F's wages of 991,667 won in April 2019 were not paid within 14 days from the date of retirement without any 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. Submission of an application to punish workers D, E, and F that they do not want to punish the Defendant after the prosecution of the instant case

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