The prosecution of this case is dismissed.

1. The summary of the facts charged is an employer who is the representative director of the Seoul Special Metropolitan City Construction Bank Co., Ltd., which is the representative director of the Seoul Special Metropolitan City Construction Bank Co., Ltd., and operates a manufacturing business using 85 regular employees

When a worker retires, the employer shall pay the retirement allowance within 14 days after the cause for such payment occurred.

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

Nevertheless, Defendant A is working as the head of the division from January 16, 2019 to March 12, 2020 at the above workplace.

The retirement allowance of retired workers D was not paid 3,472,339 won 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: Subparagraph 1 of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-performance of will: The proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

(c) Agreements submitted on May 21, 2020 by affected workers;

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;