The prosecution of this case is dismissed.

1. The Defendant in the facts charged is the representative director of Gangnam-gu Seoul Metropolitan Government, and the Co., Ltd. in B1, who operates food business using four regular workers.

When a worker dies or retires, the employer in violation of the Labor Standards Act 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 KRW 383,30,00 from the date of retirement within 14 days from the date of retirement without agreement between the parties to the extension of the due date for payment, as well as KRW 383,30 of the amount of wages of retired workers D, who worked in the above workplace from April 3, 2017 to June 30, 2018.

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

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

Nevertheless, the Defendant did not pay KRW 2,829,384 of retirement allowances of retired workers D who worked in the foregoing workplace from April 3, 2017 to June 30, 2018 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the date of payment.

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. On March 26, 2019, after the institution of public prosecution, an agreement in which employee D’s intention not to punish has been submitted.

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