The prosecution of this case is dismissed.

1. The summary of the facts charged is the owner of the C’s ship located in Boan-si B, who is engaged in fisheries using three full-time workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and 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, from August 4, 2019 to October 12, 2019, the Defendant is working as a captain at the same workplace.

D's wage of KRW 2,00,000 for October 2019 was not paid within 14 days from the date of retirement without an 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;

(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.

(c) Grounds for dismissing public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act;