The prosecution of this case is dismissed.

1. The Defendant in the facts charged in the instant case is the representative director of C in the following cities, and the employer who runs the manufacturing industry (reviting timber) by making use of five full-time workers.

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or 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 KRW 243,560 as of the end of April 2, 2007 to September 30, 2016 to retired workers D, who worked in the above workplace from around April 2, 2007 to around September 30, 2016, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

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

Nevertheless, the Defendant did not pay KRW 27,114,520 of the retirement allowances of retired workers D within 14 days from the date of the retirement without any agreement between the parties on the extension of the payment date.

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 October 30, 2018;

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