The prosecution of this case is dismissed.

1. The Defendant in the facts charged is the actual management owner of D Co., Ltd. in Chungcheongbuk-gun C, who runs a construction business with five full-time workers.

(a) An employer in violation of the Labor Standards Act shall, if a worker retires, pay all money or valuables, such as wages, within fourteen days after the cause for such payment occurred;

Nevertheless, the defendant worked from July 1, 2006 to July 31, 2016 at the above workplace and did not pay the total of KRW 17,972,500 to retired workers E within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties.

(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;

Nevertheless, the defendant employed from July 1, 2006 to July 31, 2016 at the above workplace and did not pay KRW 13,033,329 of retirement allowances of retired workers E within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

Accordingly, the Defendant did not pay KRW 31,005,829 in total to E.

2. Determination

(a) Applicable legal provisions: Article 109(1) and Article 36 (Payment of Wages) of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Act on Guarantee of Workers' Retirement Benefits (Payments of Retirement Benefits);

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act (unpaid wages) and the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act (unpaid amount of retirement wages).

(c) The victim is not punishable after the institution of public prosecution;

Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act.