The prosecution of this case is dismissed.

1. The Defendant in the facts charged is the representative director of Dongdaemun-gu Seoul Metropolitan Government and the Dispute Resolution Co., Ltd., who ordinarily employs five workers and operates the original wholesale and retail business.

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 3.5 million in December 1, 2016, when he/she retired from the said workplace as wages from July 1, 2015 to March 15, 2017; KRW 3.5 million in January 2017; KRW 3.5 million in February 2017; KRW 1,693,548 in March 2017; KRW 1,693,548 in March 1, 2017; and KRW 3 million in December 1, 2016; KRW 3 million in January 1, 2017; KRW 3 million in December 16, 2017; KRW 1,071,428 in February 1, 2017; and KRW 16,060,000 in total during the period from February 16, 2017 to February 16, 2017.

(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;

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

Nevertheless, the Defendant did not pay each of the retirement allowances of KRW 5,983,561 who retired from the said workplace within 14 days from the date of retirement when the cause for payment occurred, without an agreement between the parties on the extension of the payment deadline.

2. Determination

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

(b) Crimes of non-compliance: