The prosecution of this case is dismissed.

1. The summary of the facts charged is the defendant as the representative director of Yeongdeungpo-gu Seoul Metropolitan Government D Building and E-A-Sa-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all 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, Defendant 2 worked from May 1, 2015 to April 30, 2016 at the above workplace and did not pay KRW 2,615,00,00 in total, the total amount of seven retired company wages of KRW 42,489,630 in February 2016, and the total of KRW 565,79,790 in annual settlement of accounts, and other tax refunds (health insurance and income tax) within 14 days from the date of retirement without agreement between the parties on the extension of payment period.

(b) Where an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 2,620,459 of G retirement pay, and H’s retirement pay 2,104,068 of H, retired from the said workplace from May 1, 2015 to April 30, 2016, within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline.

2. Determination

(a) Applicable Act: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers' Retirement Benefits Guarantee Act;

(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. The victims are not subject to punishment after filing the prosecution of the instant case.