The prosecution of this case is dismissed.

1. The Defendant is an employer who is a person in charge of operating a construction business using at least one full-time employee of C, a stock company located in Kimpo-si, Kimpo-si.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and 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 is working as the head of Jongno-gu Seoul Metropolitan Government D New Construction Work site from April 13, 2018 to April 12, 2019 under the jurisdiction of the above business site.

The retired E's wage of 2.4 million won in January 2019, the wage of 4 million won in February, the wage of 4.4 million won in March, the wage of 1.6 million won in April, and the total wage of 12 million won in April did not be paid within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the defendant did not pay the retirement allowance of 4 million won to the above worker within 14 days from the date of his retirement without agreement between the parties on 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 April 27, 2020, after the institution of public prosecution, the withdrawal of a complaint to the effect that workers E is not subject to punishment.

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