The prosecution of this case is dismissed.

1. The Defendant is the representative director of the Co., Ltd. C in Ulsan-gu, Ulsan-gu, and is an employer who runs a manufacturing business with 20 full-time workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all 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 Defendant was in charge of assisting the Defendant in the foregoing workplace from March 24, 2016 to June 30, 2018, and did not pay the amount of KRW 6,128,127, respectively, within 14 days from the date of retirement without agreement between the parties to the extension of the due date for payment, as well as KRW 85,580,580, and the amount of wages of the retired employee D in May 2018, June 1, 2018.

2. The offense of violating the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits cannot be prosecuted against the victim’s explicit 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 records, on June 14, 2019, after the prosecution of this case was filed, the “written application for non-prosecution of punishment” of the victimized employee D was submitted to the court to the effect that “the defendant does not want to be punished.”

This constitutes a case where there is an expression of intent not to punish a person under Article 327 subparagraph 6 of the Criminal Procedure Act, and thus, it is so decided as per Disposition as to the facts charged in this case.