All of the prosecutions of this case are dismissed.

1. The Defendant, as a representative of corporation C located in Seongdong-gu Seoul Metropolitan Government, is a user who runs a motor vehicle maintenance business using 20 full-time workers.

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

Provided, That if there are special circumstances, the date may be extended by an agreement between the parties.

Nevertheless, the defendant is working from August 23, 2010 to December 19, 2017 at the above workplace.

On January 2014, 2014, 67,118,860 won in total and annual leave allowances including annual leave allowances of 580,320 won in 2015, such as wage 1,134,080 won in attached Table of Crimes, etc., were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Provided, That if there are special circumstances, the date may be extended by an agreement between the parties.

Nevertheless, the defendant is working from August 23, 2010 to December 19, 2017 at the above workplace.

The retirement allowance of 8,823,128 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, Article 44 subparagraph 1 and 9 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. A decision in lieu of conciliation in lieu of expression of intent not to punish workers after the prosecution of this case is submitted.

Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act