The prosecution of this case is dismissed.

1. The Defendant is the representative director of Geumcheon-gu Seoul Metropolitan Government building B and D Co., Ltd., which ordinarily employs 27 workers and operates the manufacturing business of control and precision equipment. A.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within fourteen 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, at the above workplace from December 3, 2012 to June 30, 2020, did not pay 612,890 won for the difference of wages in February 2020 of retired workers E, and paid 3,541,00 won for annual unused allowances and 1,428,325 won for annual unused allowances in March 2020 and 47,205,215 won for total wages of two workers within 14 days from each retirement date without agreement between the parties to the extension of payment due date.

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

Provided, That where special circumstances exist, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant, at the above workplace from December 3, 2012 to June 30, 2020, did not pay 25,812,167 won in total as well as 86,486,079 won in total, among two employees, within 14 days from the date of each retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date for payment.

2. Determination

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

B. Crimes of non-compliance: Article 109 of the Labor Standards Act.