The prosecution of this case is dismissed.

1. The Defendant, as the representative of the Co., Ltd. Co., Ltd. in the Gunsan City B, is an employer who runs a construction business using 12 full-time workers.

When a worker dies or retires, the employer 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 amount of KRW 1,310,520 and retirement allowance of KRW 7,137,081 within 14 days from the date of each retirement, without agreement between the parties to the extension of payment deadline, as well as the amount of KRW 7,137,081 from October 8, 2014 to October 14, 2016.

2. Determination

(a) Applicable legal provisions: Article 109(1) and Article 36 of the Labor Standards Act (the fact that wages, etc. are not paid), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that the payment of retirement wages is not made);

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

(c) Submission of a self-agreement on May 29, 2018;

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