The prosecution of this case is dismissed.

1. The Defendant is an employer who runs a construction business with seven full-time workers as the representative director of Songpa-gu Seoul Metropolitan Government, B or C (ju) in 101.

(a) When a worker dies or retires, an employer violating 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 payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 17,246,744 within 14 days from the date of each retirement without any agreement between the parties on the extension of payment date, as shown in the attached crime list against two retired workers, including KRW 3,071,630 of the wages of January 2014 of the retired workers D, which was employed from the above workplace from May 24, 2012 to July 11, 2014.

(b) An employer who violates the Act on Guarantee of Retirement Benefits of Workers shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the worker retires;

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

Nevertheless, the Defendant did not pay KRW 2,733,210 of retirement allowances of retired workers D within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline, as it worked from May 24, 2012 to July 11, 2014 at the above workplace.

2. Determination

(a) Applicable Act: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers' Retirement Benefits Guarantee Act;

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

(c) Declaration of intention that D or E does not want to punish the accused ( July 11, 2017).

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