The prosecution of this case is dismissed.

1. The Defendant, as the representative of the company D with limited liability located in Yong-gun C, is an employer who conducts manufacturing business of components of a ship using 80 full-time workers.

1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay the wages, etc. within fourteen days after the cause for such payment occurred, unless agreed by the parties concerned;

Nevertheless, the Defendant did not pay the total of KRW 195,471,423 of the wages of 78 workers within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline, such as the payment deadline of KRW 2,368,292 of the E’s wages retired from the said workplace from March 11, 2016 to October 31, 2017, without agreement between the parties to the extension of the payment deadline.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, if the worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred, unless agreed by the parties concerned;

Nevertheless, the Defendant did not pay KRW 4,382,072, retired from his/her workplace from March 11, 2016 to October 31, 2017, without an agreement between the parties on the extension of the payment deadline, within 14 days from the date of his/her retirement, the Defendant did not pay KRW 1,3,5 through 7,12, 13, 15 through 17, 19 through 22, 26, 28 through 30, 32 through 36, 38, 40, 43, 44, 53, 55, 62, 65 through 69, 71, 72, and 74 through 79, from the date of his/her retirement allowance to the said workplace without an agreement between the parties on the extension of the payment deadline.

2. Determination

A. Applicable legal provisions: Articles 109(1) and 36 of the former Labor Standards Act (wholly amended by Act No. 15108, Nov. 28, 2017); and Article 44 of the Guarantee of Retirement Benefits for each worker.