The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant is the representative of C located in Dong-gu, Nam-gu, Dong-gu, Seoul, who ordinarily employs one worker and operates a gas machinery wholesale and product brokerage business.

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

Nevertheless, the Defendant is working in charge of delivering gas apparatus from October 1, 200 to January 10, 2019 at the above workplace.

D's wages of 3,00,000 won and all other money and valuables of 425,064 won on January 2019, did not pay 3,425,064 won within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

(b) An employer in violation of the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after a cause for such payment occurs; and

Nevertheless, the Defendant is working in charge of delivering gas apparatus from October 1, 200 to January 10, 2019 at the above workplace.

The retirement allowance of 3,067,300 won was not paid within 14 days from the date of retirement 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 subparagraph 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. Submission of an application for no punishment on August 4, 2020, which was after the institution of public prosecution.

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