The prosecution of this case is dismissed.

1. The Defendant, as the representative director of the Co., Ltd. C in Seo-gu Incheon, is an employer who has run the land processing wholesale and retail business using two full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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 did not pay the wage of KRW 2,675,840 on December 2, 2016, 2016, the wage of KRW 5,675,840 on February 2, 2017, the wage of KRW 5,675,675,840 on February 2, 2017, the wage of KRW 5,675,840 on March 3, 2017, the wage of KRW 1,95,304, the annual wage of KRW 3,258,855, and the annual wage of KRW 24,917,519 on April 2, 2017, and the annual wage of KRW 1,95,304, the annual wage of KRW 2017,3,258,855, and the annual wage of KRW 24,917,519 on the extension between the parties.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the defendant did not pay 10,719,830 won of retirement allowance to the above worker D within 14 days from the date of retirement without an agreement between the parties on the extension of the payment due date.

2. Determination

(a) Applicable provisions of Acts: Articles 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017; hereinafter the same shall apply); Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-performance of will: Article 109(2) of the former Labor Standards Act, proviso to Article 44(1) of the Guarantee of Workers' Retirement Benefits Act.

C. On January 24, 2019, a written agreement is submitted to this Court, which contains the expression of no employee D's intent to punish workers.

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