The prosecution of this case is dismissed.

The summary of the facts charged is that the defendant is the representative of the Dispute Resolution Co., Ltd. located in Si interest, who operates a manufacturing business using six full-time workers.

When a worker retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred, unless the date is extended by agreement between the parties concerned.

Nevertheless, from April 1, 2015 to January 2, 2020, the Defendant failed to pay the total amount of eight workers’ wages from October 15, 2019 to January 17, 2020, including D’s wages of KRW 322,580, total amount of KRW 3,382,135, retirement allowances of KRW 15,386,39, and retirement allowances of KRW 15,399, as shown in the attached crime list from October 15, 2019 to January 17, 202, KRW 26,472,248, total amount of eight workers’ retirement allowances of KRW 95,931,198, and KRW 95,931,198, without any agreement between the parties on the extension of the payment date.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits. Under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act, the public prosecution cannot be instituted against the employee’s explicit intent. Since the employee’s non-prosecution application for punishment was submitted to this court on August 31, 2020 and October 8, 2020, the public prosecution in this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.