All of the prosecutions of this case are dismissed.

1. The Defendant, as the representative director in Gwangju City, is an employer who runs a manufacturing business using five full-time workers. A.

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 14 days after the cause for such payment occurred, unless the parties have agreed on the extension of the due date.

Nevertheless, the Defendant, at the above workplace, did not pay 54,581,038 won in total for three workers within 14 days from the date of retirement without an agreement on extension of payment period between the parties, as stated in the attached crime list, including D’s wage of 1,139,840 won in March 2019, which had been worked from May 11, 201 to March 16, 2019.

(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 did not pay 40,182,688 won in total for three employees, such as D retirement allowance of 17,405,124 won, which had been worked from May 11, 2011 to March 16, 2019 at the above workplace, within 14 days from each retirement date, without any agreement between the parties on extension of the payment date.

2. Determination

(a) Applicable provisions of Acts: Articles 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 16270, Jan. 15, 2019); Articles 44 subparag. 1 and 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. All workers mentioned in the facts charged after the filing date of the indictment of this case

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