The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant, as the C representative director, a company located in Kimhae-si, is an employer as a person in charge of operating a business of manufacturing industrial washing machines using ten 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 9,90,105 won in arrears, including the amount of wages in October 23, 2015 to December 15, 2016, which was retired from the said workplace, within 14 days from the date of the occurrence of the cause of the payment, without any agreement between the parties on the extension of the payment date.

2. Determination

(a) Relevant criminal facts: Articles 109(1) and 36 of the Labor Standards Act, and subparagraphs 1 and 9 of Article 44 of the Workers' Retirement Benefits Guarantee Act;

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

C. On June 16, 2017, after the institution of the instant indictment, a written agreement that contains an intent that an injured employee does not want to be punished by the Defendant is submitted.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act