The prosecution of this case is dismissed.

1. The Defendant is an employer who runs a comprehensive construction business by employing 37 full-time workers as the representative of C(State) in the case of official charge Nos. B and 305.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 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, even from June 12, 2015 to October 15, 2016, did not pay 41,631,905 won in total for four retired workers within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties, as stated in the attached Table of Crimes, including KRW 3,853,810 in September 2015, and KRW 3,853,810 in October 2015, and KRW 3,446,670 in August 2016.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

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

Nevertheless, the Defendant, from June 12, 2015 to October 15, 2016, did not pay KRW 35,284,432, as well as KRW 5,033,870, retired as an employee of the said workplace, within 14 days from the date of retirement without any agreement on the extension of payment period between the parties concerned, as shown in the list of crimes in the attached Table.

2. The determination is based on the case that falls under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and that cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. The record reveals that the instant prosecution was instituted.