The prosecution of this case is dismissed.

1. The Defendant is an employer who runs a construction business using one full-time worker as the representative of Pyeongtaek-si building in Gyeonggi-do and D Co., Ltd. located in subparagraph 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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay wages of KRW 3,045,00 from February 14, 2020 to March 23, 2020 on the same site as the F’s wage of KRW 1,995,00, which was worked from March 17, 2020 to April 9, 2020 at the construction site of Gyeonggi-si E detached Housing, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act;

(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.

(c) Declaration of non-acceptance of punishment: Submission of the withdrawal of each petition by workers F and G on June 30, 2020, prior to a request for a summary order (including the expression of intention by each member of the no penalty)

(d) Judgment dismissing public prosecution: Article 327 subparagraph 2 of the Criminal Procedure Act;