The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant is an actual operator of C, a stock company in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, who runs electrical construction business with 40 full-time workers.

When a worker retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money, valuables, and retirement allowances within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant is working from December 1, 2016 to September 21, 2018 in the above corporation C.

The retired worker D did not pay KRW 2,022,687 on September 2018 within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

(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

Nevertheless, the Defendant did not pay KRW 6,634,450 of the retirement allowances of employees D, as described in paragraph (1), within 14 days from the date of retirement where the cause for 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. After the prosecution of this case, the withdrawal of the case containing the employee D’s intention to not punish the Defendant is presented.

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