The prosecution of this case is dismissed.

1. The Defendant in the facts charged is a director of the company C, Inc. located in Haan-gun, Chungcheongnam-gun, who ordinarily employs 12 workers and operates metal processing manufacturing business.

1. An employer shall, when a worker dies or retires, pay him/her wages, compensations, or other money or valuables within fourteen 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 4,679,589, total wage of two retired workers within 14 days from the date of retirement without any agreement between the parties on the date of payment, as stated in subparagraph (1) of the attached Table, including the details of the money and valuables in arrears for each individual, including the amount of KRW 2,479,006, and the amount of KRW 1,056,810, which was retired from his/her place of business from the said place of business from November 1, 2013 to March 31, 2015.

2. The shipowner shall pay wages on the fixed date at least once a month;

Provided, That this shall not apply to wages, allowances, or other equivalents paid temporarily, or wages prescribed by the President.

Nevertheless, the Defendant did not pay the total of KRW 14,489,50 on the 15th day of the following month, which is the date of the regular payment of the wages, as shown in the attached Table, including KRW 1,60,000,000, KRW 2,773,440 on September 1, 2015, and KRW 2,773,440 on December 2, 2015, and KRW 2,772,660 on January 1, 2016.

2. Determination

(a) Applicable legal provisions: Articles 109(1), 36, and 43(2) of the Labor Standards Act;

(b) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;

(c) Declaration of non-existence of punishment: Confirmation of agreement after the prosecution of this case.

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