The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant is the representative of (ju) E in the Nam-gu Incheon Metropolitan City, and the user who manufactures and repairs cars using 70 full-time workers.

When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and 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 did not pay the total amount of KRW 15,82,810 for seven workers, as shown in the attached crime list, as well as KRW 2,502,90 for the total amount of wages of retired workers, within 14 days from October 1, 2013 to December 31, 2015 at the (ju), Gunsan Factory located in the Sinsan-siF, Gunsan-si.

(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

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the defendant is above the above workplace.

As described in paragraph (1) above, the retirement allowances for five employees including the retirement allowances of those retired and worked for 4,763,870 won, and the total amount of 29,974,890 won for five employees was not paid within 14 days from the date of each 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, and Articles 44 (1) and 9 of the Guarantee of Workers' Retirement Benefits Act;

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

C. Declaration of non-existence of punishment: Each investigation report submitted on October 4, 2016, which was subsequent to the prosecution of the instant case (verification of non-existence of punishment).