The prosecution of this case is dismissed.

1. The summary of the facts charged is the representative of D in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu and C, who runs a manufacturing business with eight regular workers.

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 in the workplace from August 2, 2016 to October 15, 2018.

The retired E’s wages of KRW 440,00 on September 2018, and KRW 1,760,000 on October 2018 and retirement allowances of KRW 4,746,576 on October 1, 2018, were not paid respectively within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. Determination:

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act (the point where wages are unpaid), subparagraph 1 of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the point where retirement allowances are unpaid);

(b) Crimes of non-violation of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. After the prosecution of this case, workers E has withdrawn his previous wish to punish the defendant.

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