The prosecution of this case is dismissed.

1. The summary of the facts charged is the representative of the (ju)C in both cities of Gyeonggi-do, who runs a private teaching institute business using ten full-time workers.

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

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

Nevertheless, the Defendant is working from August 4, 2008 to October 18, 2019 at the above workplace.

26,876,97 won of retirement allowance of retired D was not paid within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

(b) When a worker retires, the employer shall pay the wages, compensations, and other money or 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, the defendant has worked from August 4, 2008 to October 18, 2019 at the above workplace.

The retirement allowance of 7,606,590 won was not paid within 14 days from the date of retirement without an agreement between the parties to the extension of the due date.

2. Determination

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

(b) It shall indicate the worker's intention not to prosecute after the institution of prosecution;

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