All of the prosecutions of this case are dismissed.

1. The Defendant is an employer, who is a representative director of the C Co., Ltd. located in Gyeongnam-gun, Chungcheongnam-gun, who ordinarily employs ten workers and operates a shipbuilding machinery manufacturing business.

(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 payment date may be extended by mutual agreement between the parties in extenuating circumstances.

However, Defendant D did not pay 1,851,00 won, in total, of two workers’ wages in arrears as indicated in the separate sheet of money and valuables for each individual in arrears in attached Form C (State), including KRW 5,450,000,00,000, in total, including KRW 2,090,000 in February 2, 2016 of retired workers D, wage of KRW 303,00 in March 2016, wage of KRW 3030,00 in April 2016, and KRW 3,330,00 in April 2016, without agreement on the extension of the payment date between the parties concerned.

(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.

However, the Defendant did not pay KRW 4,819,00 of the retirement pay of the employee D who was employed in the above workplace and retired in the above workplace within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the payment.

2. The facts charged of the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, or Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and are against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act, or the proviso to Article 44 of the Workers’ Retirement Benefit Security Act.