The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant is the C representative in Chungcheongnam-gun Hongsung-gun, who ordinarily employs eight workers and operates food service business. 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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant, at the above workplace, worked as a cook from November 2, 2016 to November 30, 2019, and did not pay 18,635,070 won, including the total monthly wage of 14,694,360 won from January 2, 2017 to November 2019, respectively, within 14 days from the date of retirement without agreement between the parties.

(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, at the above workplace from November 2, 2016 to November 30, 2019, did not pay KRW 2,570,30,00, including the retirement pay of KRW 1,409,770 and KRW 1,570,00,00 from January 1, 2018 to November 30, 2019, respectively, to E’s retirement pay of KRW 1,160,530, who worked as a cook, within 14 days from the date of retirement without agreement between the parties.

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) Reasons for dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;