The prosecution of this case is dismissed.

1. The summary of the facts charged is the representative director of the company C in Nam-gu Incheon Metropolitan City, who carries on the manufacturing of fire appliances by using 22 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred, unless the parties have agreed on the extension of the due date due to special circumstances.

The Defendant in violation of the Labor Standards Act is working in the above workplace from May 2007 to October 2019.

A retired worker D's annual paid leave allowance in the year 2018, including KRW 344,240, retirement allowance 15,119,382, including KRW 1,839,328, and total retirement allowance of KRW 57,132,385, respectively, was not paid within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019); Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act; and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act; Article 44 subparag. 1 proviso of the Guarantee of Workers’ Retirement Benefits Act.

However, on May 8, 2020, after the prosecution of this case was instituted, the injured workers expressed their wish not to punish the defendant, so the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.