All of the prosecutions of this case are dismissed.

1. The Defendant, as the representative of the Co., Ltd. C in the Nam-gu Incheon Metropolitan City B, is an employer who runs a manufacturing business using 37 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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 the amount of KRW 1,450,00 in November 2018 and the amount of KRW 1,978,846 in December 2018 without agreement between the parties on the extension of the payment date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay KRW D retirement allowance of KRW 2,243,102 who worked from January 1, 2018 to December 31, 2018 at the same place of business within 14 days from the date when the cause for the payment occurred 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, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

(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. On August 19, 2019, submission of a statement of withdrawal of a complaint indicating that the employee does not want to punish the defendant.

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