The prosecution of this case is dismissed.

1. The summary of the facts charged is that the defendant is the representative of the Youngam-gun Co., Ltd. and operates a manufacturing business using 50 temporary employees. A.

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 is working at the location of the Dispute Resolution Co., Ltd. in Ansan-si from September 1, 2002 to June 30, 2018.

The retired E's 2,146,920 won of the annual leave allowance of 2017 was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of 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 may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant is working at the location of the Dispute Resolution Co., Ltd. in Ansan-si from September 1, 2002 to June 30, 2018.

Retirement allowance of retired E has not been paid KRW 87,611,122 within 14 days from the date of retirement without any 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, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-performance of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. On October 22, 2019, after the prosecution of this case, a written agreement stating the victim's intent not to punish the defendant was submitted.

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