1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

The defendant works in the above workplace from April 1, 2014 to October 22, 2019.

The retired worker D’s wages of KRW 3,830,00, including the wage of KRW 1,620,000 on September 2019 and the wage of KRW 2,210,00 on October 2019, and KRW 19,862,570 on September 1, 2019, were not paid within 14 days from the date of retirement without any agreement on the extension of payment period between the parties concerned, as shown in the attached list of crimes.

2. 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

The defendant works in the above workplace from April 1, 2014 to October 22, 2019.

The retirement allowance of retired workers D, including KRW 8,968,081, did not pay KRW 35,633,268 in total for three employees as stated in the attached list of crimes, within 14 days from the date of retirement, without any agreement on extension between the parties concerned of the due date.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, Article 44 subparagraph 1 and Article 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 January 17, 2020, after the institution of public prosecution, a letter of withdrawal of a complaint stating the worker's intent not to punish the defendant is submitted.

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