All of the public prosecutions against the Defendants are dismissed.

1. The Defendants in the facts charged are each representative director of D Co., Ltd., located in C at the time of strike, who is a joint employer who ordinarily employs eight full-time workers in the manufacturing business of craft products.

(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 Defendants conspired to work in the said workplace from October 14, 2008 to March 9, 2018 and did not pay the total of 35,139,300 won to the employees of the said workplace within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties, as stated in the details of the attached money and valuables in arrears.

(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 Defendants conspired to pay 98,604,600 won, including 33,32,470 won of retirement allowance E of retired workers in the above workplace and 33,32,470 won in arrears, and did not pay 98,600 won in total to the employees of the above workplace within 14 days from the date of retirement without agreement between the parties on the extension of the payment period.

2. We examine the determination of the facts charged in the instant case. The part on violation of the Labor Standards Act among the facts charged is an offense falling under Articles 109(1) and 36 of the Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017) and may be prosecuted against the victim’s express intent under Article 109(2) of the same Act.