The prosecution of this case is dismissed.

1. The Defendant, as the representative of the Seoul Jung-gu Seoul Metropolitan Government Co., Ltd., is an employer who runs a service business using ten full-time workers.

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

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

Nevertheless, the Defendant, at the above workplace, worked from December 1, 2018 to June 12, 2019 and retired from the workplace, did not pay 9,145,000 won in total for two retired workers within 14 days from the date of each retirement, as shown in the attached crime list, as well as 9,145,00 won in total, as in the attached crime list.

(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 by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked from December 1, 2017 to May 31, 2019 at the above workplace and did not pay 3,037,169 won of retirement pay E, which was retired, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. Determination

(a) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. Each written withdrawal of a complaint stating the purport that the employees stated in the facts charged do not want the Defendant’s punishment was submitted to this court on November 15, 2019.

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