The prosecution of this case is dismissed.

1. The Defendant, as the representative of C in the facts charged, is an employer who runs the manufacturing business using 40 full-time workers. A.

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

Nevertheless, the Defendant, while working in the above workplace C and worked in the above workplace C as wages of 2,405,000 for June 2019 of 2019 and the above workplace C around July 28, 2019, did not pay 9,305,000 won in total as wages of 1,100,000,000 won for the month of May 28, 2019 of E workers who retired around July 2019, and 3,10,000 won for the month of June 2, 2019, and 2,70,000 won for the month of July 2, 2019 as wages of 2,70,000 won for each worker.

(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, while working in the above C workplace on July 28, 2019, did not pay KRW 5,922,794 to retired workers E within 14 days from the date of retirement.

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) Expression of intention of not to impose punishment: Any application for not imposing punishment for E submitted on February 24, 2020, and any application for not imposing punishment for D submitted on November 10, 2020

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