The prosecution of this case is dismissed.

1. The Defendant in the facts charged in the instant case is an employer who ordinarily employs 39 workers and operates a printing business among those who work in C and D, located in Ilyang-gu Seoul Metropolitan City B.

(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 worked in the above workplace from October 18, 2002 to June 30, 2017, and retired workers E, including 19,234,625 won for overtime hours after July 7, 2014, and did not pay 83,523,420 won for total five workers of the above workplace within 14 days from the date of retirement without agreement on the extension of the payment period between the parties, as shown in the attached list of crimes.

(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 did not pay the total amount of KRW 126,364,146 to the employees of the above workplace within 14 days from the date of retirement without any agreement on the extension of payment deadline between the parties, including KRW 32,295,80 of retirement allowances E of the employees who worked and retired in the above workplace as above, and KRW 126,364,146.

2. Determination

(a) Applicable legal provisions: Articles 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017); Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits 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. Punishment non-permanentity: this case.