The prosecution of this case is dismissed.

1. The summary of the facts charged is an employer who engages in construction business by ordinarily employing 15 workers at the site of new construction works of the Jindo-gun, Jindo-gun.

When a worker dies or retires, the employer shall pay all the wages, compensations, and other money and valuables within 14 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 suspect has worked from December 17, 2018 to February 21, 2019 at the above workplace.

D's wages of 950,000 won in December 2018, wages of 1,800,000 won in January 2019, and wages of 1,250,000 won in February 2019, including 4,00,000 won in attached Form 1,250,000 won in total, and 12,970,000 won in total, were not paid within 14 days from each date of retirement without 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 respective Labor Standards Act;

(b) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act.

(c) Declaration of non-existence of punishment after prosecution: Each written agreement received on June 16, 2020 by E, and the D, F, G, H, I, and J received on July 23, 2020;

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