All of the prosecutions of this case are dismissed.

The summary of the facts charged is that the defendant is the representative director of C in Busan Jin-gu B, 5 and 6, who ordinarily employs 13 workers and operates a driving school business.

When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all 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 as an instructor from June 13, 2018 to January 31, 2020 at the above workplace.

The wages and retirement allowances of 45,239,426 won in total, including 7,500,000 won, were not paid within 14 days from the date of retirement without any agreement between the parties on extension of the due date, as shown in the attached list of crimes.

2. Determination

(a) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. After the prosecution of this case, the above workers expressed their intention not to punish.

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