The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant is a C representative in Haan-gun B, Haan-gun, who runs a mechanical manufacturing business using three full-time workers.

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables 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, from July 1, 2015 to November 9, 2015, did not pay KRW 52,276,972 for four workers as well as KRW 7,927,50,00 in total, including KRW 4,650,00 in wages of September 1, 2015, and KRW 1,158,750 in wages of October 10 in the same year, and KRW 7,927,50 in wages of four workers from the date on which the cause for payment occurred, without any agreement on the extension of the payment date between the parties.

(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;

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, from August 23, 2010 to January 31, 2016, did not pay KRW 96,915,362, respectively, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, as stated in the attached Table, including KRW 31,069,335, which was paid by the machinery as a park, to three retired workers, including KRW 31,069,335, which was paid by the machinery as a park.

2. Each of the facts charged in the instant case can not be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.