All of the prosecutions of this case are dismissed.

1. The summary of the facts charged is that the Defendant, as the representative director of C in the petition-gu B, who runs a construction business by employing three full time workers.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working as steel-frame from December 1, 2010 to December 31, 2017 at the above workplace.

A retired D's retirement allowance of 21,734,445 won, and a retirement allowance of 21,734,445 won from March 1, 2012 to June 30, 2017.

The retirement allowance of the retired E, including 18,298,238 won, was not paid 40,032,683 won in total to two retired workers by 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Subparagraph 1 of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-violation of will: The proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. On September 9, 2019, after the prosecution of this case, workers D and E expressed their intention not to prosecute the Defendant in this court.

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