The prosecution of this case is dismissed.

The defendant is the representative of Sung-gu Seoul Special Metropolitan City Building B and the Dispute Resolution Co., Ltd., and is a user who runs a construction business using 20 full-time workers.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay 30,249,540 won in total for six workers within 14 days from the date of retirement without agreement on the extension of the due date between the parties, as stated in the attached list of crimes, as well as 2,681,800 won in May 2019, where the Defendant worked in the above workplace from July 1, 2017 to May 27, 2019.

(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

Nevertheless, the Defendant did not pay the total amount of KRW 11,68,231 of the retirement allowances of two workers within 14 days from the date of retirement without any agreement between the parties on the extension of the due date for payment, as stated in the list of crimes in the attached Table, including E retirement allowances of KRW 6,480,00, which were worked in the above workplace from July 1, 2017 to May 27, 2019.

Judgment

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

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

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