The prosecution of this case is dismissed.

1. The summary of the facts charged is the actual representative director of C of the Co., Ltd. with B and 5 Bupyeong-si, who runs a manufacturing business with 27 regular employees. A.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

The Defendant, at the same place of business, worked from around December 25, 2013 to December 9, 2018, and retired D’s wages of 98,369 won on September 9, 2018, as well as 11,884,490 won in total, and 4,037,380 won in total, and 4,037,380 won in total, including four other money and valuables of retired workers, were not paid within 14 days after the cause for the payment occurred without an agreement between the parties on the extension of the due date.

(b) 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 in special circumstances, the date may be extended by mutual agreement between the parties.

The Defendant, at the same place of business, worked from December 25, 2013 to December 9, 2018 at the same place of business, and paid 40,523,952 won in total, including 14,541,427 won of D retirement pay, and 40,52 won in total, including 40,523,952 won, within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties concerned.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 (1) and 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Each crime of non-compliance;

C. On April 1, 2020, after the prosecution of this case, a written agreement stating the intention of not to punish the accused of E, F, G, and D was submitted.

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