The prosecution of this case is dismissed.

1. The Defendant in the facts charged in this case is the user who runs wholesale and retail business with 20 full-time employees as the representative director of the Sinyang-gu, Busan Metropolitan City B apartment C.

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 if there are special circumstances, the date of payment may be extended by the agreement between the parties.

Nevertheless, the Defendant worked in the above workplace from September 1, 2004 to February 28, 2019 and did not pay 11,400,000 won in total, including 3,80,000 won in December 2018, 2019, and 3,800,000 won in January 2019, and 3,800,000 won in February 2019, within 14 days from the date of retirement without agreement between the parties to extend the due date.

(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 worked from September 1, 2004 to February 28, 2019 at the above workplace, and did not pay 28,405,926 won of retirement pay of retired workers E within 14 days from the date of retirement without an 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 Labor Standards Act (the point where wages are unpaid), subparagraph 1 of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the point where retirement allowances are unpaid);

(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. The employee E expressed on January 21, 2020, after the prosecution of this case, that the employee E does not want to be punished against the defendant.

Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act