The prosecution of this case is dismissed.

1. The summary of the facts charged is C representative Co., Ltd. in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu and an employer who runs a manufacturing business with two full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

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

Nevertheless, the defendant is working from September 8, 2016 to February 28, 2018 at the above workplace.

A retired worker D's wages of 289,720 won in December 2017, 2012, wages of 2,071,380 won in January 2018, and wages of 2,046,010 in February of the same year, did not pay 4,407,110 won in total within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Provided, That the date of payment may be extended according to an agreement between the parties in extenuating circumstances.

Nevertheless, the defendant is working for the period specified in the above paragraph (a) at the above workplace.

The retirement allowance of retired workers D was not paid 2,668,670 won within 14 days from the date of retirement on which the grounds for such payment occurred, without any agreement between the parties on the extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 subparagraph 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. Submission of an application for non-prosecution on October 10, 2019, which was subsequent to the institution of public prosecution;

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