(a) An employer in violation of the Labor Standards Act shall pay wages within 14 days after the cause for such payment occurred, if a worker retires;

Nevertheless, the Defendant worked at the pertinent workplace from July 1, 2015 to August 13, 2016, and then retired workers E’s wages of KRW 1,370,942 on August 8, 2016, and 38 of the charges charged by 40 workers, such as the written list of crimes in the attached Table, did not pay KRW 74,110,272, including the wages, etc. that are deemed to be in an obvious clerical error, within 14 days from the date of retirement, without agreement on the extension of the due date.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

Nevertheless, the defendant did not pay 356,489,372 won, including the retirement pay of retired workers E as described in the above paragraph (a) above, within 14 days from the date of retirement without an agreement on extension of the date, as shown in the list of crimes in the attached Table.

2. Determination

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

B. On January 5, 2017, the workers indicated in the facts charged, who expressed their intention not to prosecute each court, after the institution of public prosecution.

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