All of the prosecutions of this case are dismissed.

1. The summary of the facts charged is the representative of the KCAB, who is a user who operates a manufacturing business (establishment and manufacture of transmission towers) using 12 full-time workers, as the representative of the KCAB.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay 250,041,220 won, including the sum of D’s delayed payment of wages from March 11, 2002 to February 28, 2018, as well as KRW 23,803,370, total sum of D’s delayed payment of ten retired workers, within 14 days from the date of each retirement, which is the date on which the cause for payment occurred, without any agreement between the parties on the extension of the due date for payment.

2. When a worker dies or retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred;

Provided, That the date of payment may be extended according to the agreement between the parties in special circumstances.

Nevertheless, the Defendant did not pay 127,347,060 won in total, including D retirement allowance of 12,338,029 won, who worked in the above workplace from March 11, 2002 to February 28, 2018, within 14 days from each retirement day, which is the date on which the cause for payment occurred, without agreement between the parties on the extension of the date for payment of the money and valuables, as shown in the list of crimes in the attached Table.

2. We examine the judgment. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017) and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and are prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.