Each public prosecution of this case is dismissed.

1. The gist of the facts charged is that the Defendant is the representative of the C Language Research Institute in the 8th floor of Gangseo-gu Seoul Metropolitan Government, who ordinarily employs 11 workers and operates a foreign language private teaching institute.

When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

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

Nevertheless, the Defendant is working from December 1, 2017 to February 29, 2020 at the above workplace.

The number of retired workers D's wages of 1,302,60 won in February 2020 following the following day and the total amount of 7,169,120 won in the total amount of five retired workers, as shown in the attached list of crimes, were not paid within 14 days from the date of each retirement without agreement between the parties to 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

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

Nevertheless, the Defendant is working from December 1, 2017 to February 29, 2020 at the above workplace.

The retirement allowance balance of the retired worker D, including KRW 1,978,250 on the following day, was not paid KRW 5,934,750 on the total amount of three retirement allowances of the retired worker within 14 days from the date of each retirement without an agreement between the parties on the extension of the due date, as shown in the list of crimes in the attached Table.

2. The crimes under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, which fall under each of the facts charged in the instant case, cannot be prosecuted against the victim’s express intent. According to the records, each of the workers indicated in the separate list of crimes, are the same.