The prosecution of this case is dismissed.

1. In the facts charged, the Defendant is the actual manager of F Co., Ltd., Ltd., E in Macheon-si, who operates a manufacturing company using 40 full-time workers.

1. When a worker dies or retires from office, the employer who has violated the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the period of payment;

Nevertheless, the Defendant did not pay KRW 25,734,700, the total amount of G’s wages from July 2016 to March 17, 2017, which had been employed from May 20, 2009 to March 2017 at the above workplace, within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of the payment deadline.

2. When a worker in violation of the Guarantee of Retirement Benefits of Workers retires, the employer shall pay the worker a retirement allowance within 14 days from the date of such retirement, unless otherwise agreed on the extension of the payment period;

Nevertheless, the defendant did not pay 19,581,729 won of G retirement pay, which was worked from May 20, 2009 to March 17, 2017 at the above workplace, within 14 days from the date of retirement, although there was no agreement between the parties on the extension of the payment deadline.

2. Determination

(a) Applicable legal provisions: Article 109(1) of the Labor Standards Act; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act;

(b) Crimes of non-criminal punishment: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

(c) an indication of the absence of punishment for G workers as stated in the letter of withdrawal of the petition on May 25, 2018;

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