Each of the instant public prosecutions is dismissed.

1. The Defendant in the facts charged is the E representative director of Jongno-gu Seoul Metropolitan Government E-building 302, who ordinarily employs five full-time workers and carries out a noise prevention consulting business.

[2015 High Court Decision 4604] An employer shall pay wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred if the employee dies or retires.

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

Nevertheless, the Defendant did not pay KRW 3,00,000 in February 2, 2015, paid KRW 5,000,000 in March 2015, KRW 3,470,00 in April 2015, and the total of KRW 11,470,00 in April 2015, within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties concerned.

[2015 high-level 4605] An employer shall pay a retirement allowance within 14 days from the date on which the reason for payment occurred if a worker retires.

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

Nevertheless, the defendant did not pay 14,250,000 retirement allowances of G that he retired from the above workplace from office from April 1, 2010 to December 31, 2014, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

2. Each of the facts charged in the instant case can not be prosecuted against the victim’s explicit intent pursuant to Articles 109(1) and 36 of the Labor Standards Act, Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act, for crimes falling under Article 44 subparag. 1 of the Workers’ Retirement Benefit Security Act.

However, according to the records of this case, it is recognized that workers F and G expressed their intention not to be punished to this court by submitting a non-prosecution and written agreement after the prosecution of this case.

Therefore, it is true.