The defendant, as the C representative director in Gwangju Mine-gu, is an employer who runs a manufacturing business using 41 full-time workers.

(a) An employer who violates a guarantee of retirement benefits for a worker shall, in cases where the worker retires, pay the retirement allowance within 14 days from the date on which the grounds for such payment occurred, unless the parties have agreed to extend the payment period;

The Defendant did not pay the retirement allowances of KRW 15,590,470, and the retirement allowances of KRW 20,284,414, including the retirement allowances of KRW 4,693,94, and KRW 20,284,414, within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of the payment date and KRW 15,590,470, and the retirement allowances of KRW 15,590,470, from January 26, 2015 to February 16, 2017.

(b) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless the parties have agreed on the extension of the payment deadline.

The Defendant did not pay 7,820,680 won in total, including E’s bonus of KRW 2,400,000, annual paid leave allowances of KRW 4,180,680, and annual paid leave allowances of KRW 4,180,680, and KRW 7,820,680,000, which worked from January 26, 2015 to February 16, 2017, within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of payment date.

2. Determination

(a) A crime of non-violation of intention: Articles 109(1), 36, and 109(2) (a) of the Labor Standards Act; Article 44 Subparag. 1, and the proviso to Article 9, and the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act (a point of the settlement of non-performance of the amount of retirement);

B. Declaration of withdrawal of complaint: Submission of a written agreement to the effect that the victims will revoke their complaint to the Defendant on November 27, 2018, which was after the prosecution of this case was instituted by the victims.

(c) Judgment dismissing a public prosecution: Article 327 subparag. 6 of the Criminal Procedure Act;