All of the prosecutions of this case are dismissed.

1. The Defendant is a representative of C located in Jung-gu Seoul, Jung-gu, and 1 underground, who ordinarily employs six workers and operates food business.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all 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 did not pay the total of KRW 17,751,612 of the wages of four retired workers within 14 days from the date of each retirement without agreement on the extension of payment date between the parties, as stated in the attached crime list, including KRW 1,400,000 in April 2020 of D’s retirement, and KRW 1,40,000 in April 1, 2020, and total of KRW 4,200,00 in wages, and KRW 17,751,612 in total, as stated in the attached crime list.

(b) An employer shall pay a retirement allowance within 14 days after the cause for payment thereof occurred, if a worker retires;

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

Nevertheless, the Defendant, at the above workplace from October 01, 201 to May 15, 2020, did not pay KRW 7,267,293 of D retirement pay within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

2. Determination

(a) Applicable Act: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers' Retirement Benefits Guarantee Act;

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

C. On January 22, 2021, after the institution of public prosecution, a written withdrawal of petition to the effect that workers are not subject to punishment is presented.

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