The prosecution of this case is dismissed.

1. The Defendant is the D representative director of the building C located in the Gunpo-si in Gyeonggi-do, who runs a construction business using seven full-time workers. A.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and 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 did not pay 12,240,00 won of the total wages in arrears of three E, such as E, within 14 days from the date of each retirement without agreement between the parties to extend the payment deadline, as shown in the attached crime list, as well as 3,740,000 won in June 19, 2017 to June 30, 2018, which was employed and retired from the above workplace, from June 30, 2018.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay 19,422,230 won in total in arrears, including E’s retirement pay of 3,800,040 won from June 19, 2017 to June 30, 2018, and retired from the above workplace, within 14 days from each retirement date, without agreement between the parties to the extension of the due date, as shown in the attached crime list.

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. On April 25, 2019, after the institution of public prosecution, a written application stating the intent of workers not to be punished, was submitted respectively.

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