The prosecution of this case is dismissed.

1. The Defendant is an employer who runs a manufacturing business using approximately 10 full-time workers as a representative of Ansan-si Member B and C (ju) with the first floor in Ansan-si.

When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money and 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 is working from November 1, 2015 to June 30, 2020 at the above workplace.

D's wages of 1,204,454 won in August 2019 and total amount of 86,223,463 won in arrears with six employees as stated in the attached list of crimes was not paid within 14 days from the date of each retirement without an agreement between the parties on the extension of the due date.

(b) An employer in violation of the Guarantee of Workers' Retirement Benefits Act shall, in case where the worker dies or retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the defendant is working from November 1, 2015 to June 30, 2020 at the above workplace.

The retirement pay of 11,234,10 won of retirement pay of D and the total amount of 80,231,091 won of retirement pay of 6 employees in arrears as stated in the attached list of crimes was not paid within 14 days from the date of each retirement without an agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, and cannot be prosecuted against the explicit intent of the victimized employee under Articles 109(2) and 36 of the Labor Standards Act, and the proviso to Article 44 and 1 of the Act on the Guarantee of Workers’ Retirement Benefits.

However, records are recorded.