All of the prosecutions of this case are dismissed.

1. The summary of the facts charged is the actual manager of the “stock company C” in Chungcheong City B. A.

When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and 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 has been employed by the company from December 1, 2015 to April 30, 2016 as security guards.

A total of 3,828,200 won of wages and annual settlement refund of retired D shall not be paid within 14 days from the date of retirement, as shown in the attached crime list, and the total of 16 workers' wages and annual settlement refund amount shall not be paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

(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

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

Nevertheless, the Defendant is working as a production worker from October 1, 2014 to April 30, 2016.

The retirement pay of 1,812,790 won of the retired E was not paid within 14 days from the date of retirement, and the total amount of 7,124,240 won of the retirement allowance of 7,240 won was not paid within 14 days from the date of retirement, as shown in the list of offenses.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act or Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and may be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act or the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.