The prosecution of this case is dismissed.

1. The summary of the facts charged is that the defendant is the third representative of the Si of Gunsan-si, who is operating a manufacturing business with six full-time workers.

(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;

Nevertheless, the Defendant did not pay KRW 21,434,576 in total, as well as the annual wage of KRW 2,000,000,000 of retired workers D, working for the said workplace from October 12, 2016 to March 31, 2017, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline between the parties, as shown in the attached list of crimes.

(b) Where an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant employed the said workplace from December 3, 2014 to March 31, 2017, and did not pay 10,789,505 won in total, including 7,374,437 won of retirement pay of retired workers E, as well as 10,789,505 won in the attached crime list, within 14 days from the date of retirement without agreement between the parties on the extension of the payment period between the parties.

2. Determination

(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act, the main sentence of Article 44 subparag. 1, and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

(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) He/she shall submit a written agreement to the effect that the workers of the sea do not want the punishment of the defendant;

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