1. The Defendant is the chief director of the 4th floor of Dobong-gu Seoul Metropolitan Government building B in Seoul, who runs a health business with 23 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;

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

Nevertheless, the Defendant did not pay 9,400,000 won, including 50,000,000 won out of the monthly wage from May 20, 2015 to December 17, 2016, as well as 5,40,000 won, such as wages and annual paid leave allowances, within 14 days from the date of retirement, without an agreement on the extension of the payment period between the parties, as shown in the attached list of crimes.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

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

Nevertheless, the Defendant did not pay KRW 4,690,349 of D retirement pay from May 20, 2015 to December 17, 2016 at the same place of business within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

2. Determination and conclusion

(a) Applicable Act: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers' Retirement Benefits Guarantee Act;

(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) Submission of a written withdrawal of a complaint by a person D who has worked after instituting public prosecution;

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