The prosecution of this case is dismissed.

1. The Defendant is an employer who runs a construction business with 20 full-time workers, who is a manager of the Bank of Korea, which is located in B and C in the Gwangjin-si, Jeonyang-si.

When a worker dies or retires, the employer shall pay the wages, retirement allowances, compensation, and all other money and valuables within fourteen 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 had worked from June 26, 2007 to October 1, 2014 at the above workplace and had retired D’s total wages of KRW 76,590,545 and retirement allowances of KRW 21,610,450 from February 26, 2007 to September 2014, and did not pay within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, 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 (main sentence)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. On August 20, 2019, after the institution of public prosecution, an application for non-prosecution for punishment of victimized workers was submitted.

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