The prosecution of this case is dismissed.

1. The Defendant was the former representative director of social welfare foundation D located in Guro-gu Seoul Metropolitan Government, Guro-gu and C, and was an employer who runs a non-profit corporation using one regular worker.

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 of payment may be extended by an agreement between the parties in special circumstances.

Nevertheless, the Defendant did not pay the victim E’s wage amounting to KRW 1,806,451 in April 2013, and KRW 2,00,00,00 monthly wage amounting to KRW 2,237,419 in August 2017 for 42 months from May 4, 2013 to October 2016 without agreement between the parties on the extension of the payment term ( KRW 1,806,451 x 42,2,237,400 in total) from the date of retirement for 88,043,870 in August 2017.

(b) An employer violating the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay it within fourteen days after a cause for payment of retirement allowances occurs; and

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

Nevertheless, the defendant is working in the above workplace as described in paragraph (1).

Retirement allowance of 13,489,102 won has not been paid to the retired victim E within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. The first-mentioned decision

A. The facts charged are crimes falling under Articles 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017); Article 109(2) of the same Act; and Article 109(2) of the same Act

B. The facts charged are crimes falling under subparagraphs 1 and 9 of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits and explicitly expressed by each victim under the proviso of Article 44 of the same Act.