The prosecution of this case is dismissed.

1. The Defendant is a business owner who actually runs food business using two full-time workers in the name of “C” from B and 1st of the facts charged. A. The Defendant is an employer.

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

Nevertheless, the Defendant is serving as a volunteer in the foregoing workplace from April 14, 2018 to January 5, 2020.

A retired worker D's total of KRW 1,416,00 in November 2019, KRW 2,500,000 in December 2019, and KRW 4,319,00 in January 2020, did not pay KRW 4,319,00 in the date of retirement within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

(b) 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

Nevertheless, the Defendant did not pay KRW 4,234,663 of the aforementioned D retirement pay within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 subparagraph 1 and 9 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. On February 25, 2020, after the prosecution of this case, the expression of intention not to punish the above worker.

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