The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant is a representative C of a limited liability company in the Hamyeong-gun B, who employs 42 full-time workers and operates passenger transport business.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant is working from June 23, 2017 to March 12, 2018 at the above workplace.

After retirement, on March 26, 2018, it shall be employed until June 30, 2018 after resignation.

D's wages of 3,892,100 won in total, including 3,213,200 won in June 2018, including 3,892,100 won in total, 65,700 won in holiday allowances for the worker's day of May, 6, 3,213,200 won in monthly wage of 130,000 won in six months, and 483,200 won in annual leave allowances for six months, and 3,982,100 won in total, were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. Reasons for judgment dismissing the public prosecution; and

A. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019) as to facts charged

B. Crimes of non-compliance with an intention: Article 109(2) of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019)

(c) Judgment dismissing public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act (when the injured party expresses his/her intention not to prosecute a case which cannot be prosecuted against the clearly expressed intention of the injured party, or where the declaration of intention in such case is withdrawn);

D. Declaration of intention of not to impose punishment: Submission of an application for non-prosecution for punishment on July 26, 2019, which was after the institution of public prosecution.