The prosecution of this case is dismissed.

1. In the facts charged, the Defendant is an employer who is a business management officer who ordinarily employs four workers as the C representative director of the company in B and B at the time of the sports strike and runs a wholesale and retail business for households.

(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 had worked from November 1, 2016 to April 30, 2017 at the said workplace and had retired workers D’s wage balance of KRW 1,259,100 on March 3, 2017, and had not paid KRW 17,036,520 in total amount of four employees of the said workplace within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties, as shown in the list of crimes in the attached Table.

(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 14,652,060 for three employees of the said workplace within 14 days from the date of retirement without an agreement on the extension of payment deadline between the parties, as stated in the list of crimes attached hereto, as seen above, in the above workplace from December 1, 2014 to April 30, 2017, including KRW 5,375,896 of retirement allowances of retired workers E, and the total amount of KRW 14,652,060 for three employees of the said workplace.

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