The prosecution of this case is dismissed.

The Defendant in the public hall is the actual operator of the “C” restaurant located in B at a leisure time, who ordinarily employs six workers and operates the general restaurant.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

except that if there are special circumstances, the date may be extended by an agreement between the parties.

Wages for Workers D were unpaid from August 25, 2016 to October 17, 2017, and paid 334,270 won as wages for August 2017, 2017, wages of 1,247,610 won for September 2017, and wages of 528,109,880 won for October 2017, without agreement between the parties to the extension of the due date for payment.

B. The Defendant unpaid wages to Workers E was employed from May 24, 2017 to November 29, 2017 at the same workplace, and did not pay KRW 1,600,000 as wages for September 2017, 2017, the monthly wage of KRW 1,600,000 as wages for October 2017, and KRW 4,80,000,000 as wages for November 2017, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, 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.

From August 25, 2016 to October 17, 2017, the Defendant did not pay retirement allowance of KRW 1,459,880, which was employed in the said workplace and retired from the said workplace within 14 days from the date of retirement without an agreement between the parties to the extension of the payment date.

Judgment

In conclusion, each of the facts charged in the instant case cannot be prosecuted against the victim's express intent, and this case is subject to prosecution.