The prosecution of this case is dismissed.

1. The Defendant is an employer who operates a postnatal care center with ten full-time workers as the representative director of the Cdong branch office of the fourth floor of Gangdong-gu Seoul Metropolitan Government.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.

Nevertheless, the Defendant is working from December 21, 2013 to November 30, 2018 at the above workplace.

A retired worker D's wages of KRW 1,689,440 on November 1, 2018, as well as KRW 21,082,080 on the total wages of five retired workers, as shown in the list of crimes in the attached Table, did not pay 21,082,080 on the date of retirement within 14 days from the date of retirement without any agreement between the parties

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.

Nevertheless, the Defendant is working from December 21, 2013 to November 30, 2018 at the above workplace.

The retirement allowances of retired workers D including KRW 9,602,130, and the total amount of KRW 30,483,000 for five retirement allowances of retired workers was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date, as shown in the attached list of crimes.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, main sentence of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-performance of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

(c) Non-prosecution of punishment: Each of the applications filed on July 12, 2019 by D, E- October 8, 2019, respectively, for a penalty of F, G, and H on October 1, 2019;

(d) Judgment dismissing public prosecution: