All of the prosecutions of this case are dismissed.

1. The Defendant is a business owner and an employer who operates a vessel vessel processing business by employing 30 full-time workers as the representative of the Ulsan-gu, Ulsan-gu, Seoul Special Metropolitan City Co., Ltd.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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 as a funeral worker in the above workplace from September 22, 2016 to January 31, 2018.

The retirement allowance of 4,464,054 won was not paid within 14 days from the date of retirement, and the total amount of 84,826,710 won was not paid within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties concerned, as shown in the list of offenses.

2. The facts charged in the instant case are crimes falling under Article 109(1) of the Labor Standards Act or Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against each victim’s explicit intent under Article 109(2) of the Labor Standards Act or the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to the records, it can be recognized that the employees listed in the attached list of crimes, the victim of the facts charged of this case, have withdrawn their wish to punish the defendant after the institution of the above indictment.

[The first prosecutor charged for the failure to pay total of 24 workers including E, F, G, H, I, J, K, L, M, N,O, P, Q, and total of 214,215,615 won of wages and retirement allowances, including the workers indicated in the attached list of crimes committed on April 18, 2019, which was the date the prosecution of this case was initiated by the defense counsel on April 18, 2019, and after confirming the intention of the relevant worker by telephone.