The prosecution of this case is dismissed.

1. The summary of the facts charged is the C representative in Kimhae-si, who ordinarily employs two full-time workers and operates a manufacturing business.

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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant had worked from June 1, 2016 to November 30, 2017 at the above workplace and had retired from his/her office on January 26, 2018 and had been employed as a production worker until September 21, 2018, and had retired worker D's retirement pay of KRW 4,009,152 as well as KRW 21,001,062 in total for two workers as shown in the annexed crime list, such as the annexed crime list.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and subparagraphs 1 and 9 of Article 44 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) Each written agreement stating the workers' expression of non-existence of punishment after an indictment is filed.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;