The prosecution of this case is dismissed.

1. The Defendant is a representative director of D Co., Ltd. located in Gwangjin-gu Seoul Special Metropolitan City, Gwangjin-gu and C, who is running construction materials leasing business using nine full-time workers.

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

Nevertheless, the defendant works in the above workplace from August 4, 2008 to July 31, 2018.

A retired E’s wage of KRW 39,054,252 in total, as shown in the attached Table of Crimes, including KRW 876,004 in May 201, was not paid within 14 days from the date of occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

(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 works in the above workplace from August 4, 2008 to July 31, 2018.

The retirement allowance of retired E was not paid KRW 8,440,271 within 14 days from the date of occurrence of the cause for payment without an agreement between the parties on the extension of the due date.

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 employee expressed his wish not to punish the Defendant.

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