1. The gist of the facts charged is that the Defendant, as the representative C in Gwangju City, is a user who runs a furniture manufacturing business using eight full-time workers.

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

Nevertheless, the Defendant worked from January 2, 2017 to November 17, 2018 at the above workplace and retired from the workplace 14,266,67 won in total, including the amount of 4,26,667 won in August 2018 and the total of 42,145,810 won in total for six retired workers, as indicated in the attached list of crimes, did not pay them within 14 days from the date of retirement without agreement on extension of the payment date.

(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, at the above workplace from January 2, 2017 to November 17, 2018, did not pay KRW 42,439,205, respectively, within 14 days from the date of retirement, as stated in the list of crimes in the attached Table, as well as KRW 7,38,403, which was employed and retired from D's retirement pay, as well as KRW 7,38,403, which was included in the list of crimes.

2. Determination

(a) Crimes of non-performance of will: Violation of the Labor Standards Act (Article 109(2) of the Labor Standards Act), violation of the Guarantee of Workers' Retirement Benefits Act (proviso of Article 44 of the Guarantee of Workers' Retirement

(b) The victim E, F, G, and H: A written withdrawal of the complaint made on December 5, 2019 and the victim D, I: The agreement made on August 20, 2020

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