The prosecution of this case is dismissed.

1. The Defendant is a business owner of “C” on B and 1st floor at the time of strike, who runs restaurant business with two regular workers.

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 KRW 2,025,290, total sum of KRW 326,902, and KRW 2,025,290 on June 2, 2019 of retired workers D, without an agreement between the parties on the extension of the payment date between the parties, while conducting iceing and packing operations from May 27, 2019 to July 4, 2019.

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. The employee D expressed his intention that the Defendant does not want to be punished after the instant indictment. D.

Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act