The prosecution of this case is dismissed.

1. The summary of the facts charged is the representative director of C of a stock company C located in Seosan City, who is engaged in construction business with thirty full-time workers employed.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act 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 an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working for the said C Company from August 11, 2013 to October 23, 2017.

D's wage of 1,320,289 won in October 2017 was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. 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

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

Nevertheless, the defendant is working in the above C as described in paragraph (1).

The retirement allowance of 9,528,123 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. Determination:

(a) Death: Not to punish victims after public prosecution is instituted;

(b) Applicable provisions: Article 327 subparagraph 6 of the Criminal Procedure Act;

(c) Conclusion: Rejection of public prosecution;