The prosecution of this case is dismissed.

1. The Defendant in the facts charged is the representative director of the C Co., Ltd., which is located in the Gangseo-gu Seoul metropolitan group B, who runs manufacturing and wholesale and retail business using two regular workers.

When a worker retires, the employer shall pay the wages, compensations, retirement allowances, and other money or 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 did not pay KRW 46,810,363 in total, including KRW 42,00,000 and retirement allowances of KRW 4,810,363, from November 1, 2016 to January 31, 2018, as well as KRW 46,810,363, within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

2. Determination

(a) Applicable provisions of Acts: Articles 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017); Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

(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. The employee D does not want the defendant's punishment after the indictment of this case

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