The prosecution of this case is dismissed.

1. The Defendant is the user of a new and renewable energy business with two full-time workers, who is the representative of F Co., Ltd. D and Seoul E and 11 in Seocho-gu Seoul Metropolitan Government.

G and H were serving in F Co., Ltd. from September 27, 2017 to February 25, 2018, and were employed in F Co., Ltd. from February 26, 2018 to October 26, 2018. A.

When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the total of KRW 25,716,00 and KRW 20,677,000 from February 2, 2018 to October 2018 of G, who retired while working as above, and KRW 20,67,00 from December 12, 2017 to October 2018, respectively, within 14 days from the date of retirement without extending the due date under an agreement between the parties.

(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

Nevertheless, the Defendant did not pay the retirement allowance of G 3,175,952 and H 2,048,882 as retirement allowance of G 3,175,952 and H 2,082 within 14 days from the date of retirement without extending the due date under an agreement between the parties.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 (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. The employee G and H expressed their intent not to want the Defendant’s punishment after the instant indictment was instituted.

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