The prosecution of this case is dismissed.

1. The Defendant, as the representative director of the corporation B, is a user who ordinarily employs two workers and conducts multi-family housing management business (expenses and facility management).

When a worker retires, an employer shall pay a retirement allowance within 14 days from the date of his/her retirement.

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

However, the Defendant did not pay KRW 3,122,710 of D retirement pay as security guards from November 27, 2013 to February 20, 2016 at the place of business entrusted by the Council for Representatives of Residents of Hongsung-gun Apartment-gun, Hongsung-gun, without agreement between the parties to the extension of the payment deadline, within 14 days from the date of retirement.

2. A crime of non-compliance with judgment: A judgment dismissing a public prosecution on May 25, 2017 where a worker D expressed his/her intention not to punish the defendant on the grounds of the prosecution of this case under the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act: Article 327 subparag. 6 of the Criminal Procedure Act