The prosecution of this case is dismissed.

1. The Defendant in the facts charged is the representative director of C in Yangcheon-gu Seoul Metropolitan Government and the second floor, who runs transportation business using 23 regular workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 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 above workplace from September 1, 2016 to August 31, 2018.

The retirement allowance of KRW 220,564,050, including KRW 3,500,00 on June 6, 2018, and KRW 129,674,720, and KRW 17,00,00 for retirement workers, as indicated in the attached list of crimes, were not paid within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of each Labor Standards Act (the point where wages are unpaid), Article 44 subparagraph 1 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C. After the prosecution of this case, workers have withdrawn their wish to punish the defendant.

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