The defendant is the representative of Busan Southern-gu B building and D, which is a user who runs software development business using 28 full-time workers.

When a worker dies or retires, an employer shall pay him/her wages, compensations, and other money, valuables, and retirement allowances 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 is working in the above workplace from October 1, 2013 to October 31, 2018.

As stated in the list of offenses, including the total amount of 20,349,809 won of wages and retirement allowances of retired E, the total amount of 207,930,803 won of wages and retirement allowances of 13 workers was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. Determination

(a) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. Each written statement indicating that all workers indicated in the separate sheet do not want the Defendant’s punishment has been submitted on February 27, 2019.

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