The prosecution of this case is dismissed.

1. The Defendant, as the representative of Co., Ltd. C in Seo-gu Incheon, is an employer who runs a manufacturing business with eight regular workers.

When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant provided labor to the said workplace from February 1, 2018 to July 19, 2019, and paid KRW 29,503,030,030 of the retired workers D’ wage on April 4, 2019 as well as KRW 29,503,030, as shown in the attached crime list, without any agreement on the extension of payment period between the parties concerned, within 14 days from each retirement date.

(b) 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

Nevertheless, the Defendant did not pay 10,515,540 won in total, including 3,592,700 won of retirement allowances of employees D, within 14 days from the date of each retirement without an agreement between the parties on the extension of payment dates, as shown in the attached list of crimes.

2. Determination of applicable provisions of Acts: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act: Article 109(2) of the Labor Standards Act, and Article 44 of the Guarantee of Workers' Retirement Benefits Act, a judgment dismissing public prosecution that submits an application for non-prosecution to punish victims after prosecution under the proviso to Article 44 of the Act: