The prosecution of this case is dismissed.

Punishment of the crime

1. The summary of the facts charged is that the Defendant, as the representative of Youngcheon-si C located in Yongcheon-si, is an employer who runs the textile manufacturing business using 12 full-time workers.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money and 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 special circumstances.

Nevertheless, the defendant is in charge of management from February 1, 2014 to September 30, 2019 at the above workplace.

The employee D's retirement worker D's wages of 72,152,090 won, including the wage of 2,500,000 won in June 2019, were not paid within 14 days from the date of the occurrence of the cause for payment without any agreement between the parties to the extension of the payment.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker 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 extenuating circumstances.

Nevertheless, the defendant is in charge of management from February 1, 2014 to September 30, 2019 at the above workplace.

63,025,126 won, including 22,170,339 won of retirement allowances of retired workers D on the following day, did not pay 63,025,126 won each within 14 days from the date of occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

2. Determination

(a) Applicable provisions to charges: Article 109(1) and Article 36 of the Labor Standards Act; Article 44 Subparag. 1 and Article 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) Non-compliance with punishment: A letter of withdrawal of a complaint filed on April 28, 2020;

(d) Judgment dismissing public prosecution: