The prosecution of this case is dismissed.

1. The criminal defendant is an employer as a personal constructor who runs a construction business with a domicile in Busan Dong-gu B without trade name.

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 10,500,000 won in total, including D’s wage of 5,00,000,000 won in June 1, 2017, and wage of 5,500,000,000 in July 2017, at the site of the new construction of private housing in Busan-gu Busan-gu, Busan-gu, without any agreement between the parties on the extension of the payment date due to special reasons, within 14 days from the date of retirement, which is the date of the cause for the payment.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act;

(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.

(c) Expression of intention not to punish: The withdrawal and written agreement of the complaint filed on February 8, 2019, which was after the institution of this case was indicted;

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