The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant, as the representative director of the agricultural company C in the Gunsan City, is an employer who runs food manufacturing business by employing 20 full-time workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and other money or valuables within 14 days after the cause for such payment occurred, and may extend the due date by mutual agreement between the parties concerned, if special circumstances exist.

A. Nevertheless, in violation of the Labor Standards Act, the Defendant did not pay the total amount of wages of KRW 875,101 on July 24, 2015 through February 28, 2017, as wages of KRW 875,101, August 1, 2016; KRW 1,375,101; KRW 1,375,101; KRW 1,375,101; KRW 1,375,101; and KRW 875,101; KRW 875,101; and KRW 1,546,162; KRW 1,546; KRW 1,546; KRW 16,162; and KRW 1,546; and KRW 9,000; KRW 10,000; KRW 10,000; and KRW 40,00; and KRW 19,00; and

B. Nevertheless, the Defendant did not pay KRW 2,080,305 of D retirement pay, which was retired from employment from November 24, 2015 to February 28, 2017, within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.

2. Determination

(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act, the main sentence of Article 44 subparag. 1, and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

(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 August 4, 2017, workers D submitted a written agreement that workers D does not want criminal punishment against the defendant.