The prosecution of this case is dismissed.

1. The Defendant in the facts charged in this case is a person operating C with the purpose of the distribution business, etc. of a ship in the Heak-gu, Chungcheongnam-gu, Chungcheongnam-gu.

(a) When an employee in violation of the Labor Standards Act dies or retires, the employer shall pay him/her wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred, unless the due date has been extended by an agreement between the parties concerned;

Nevertheless, the Defendant, from January 13, 2015 to May 10, 2017, worked as a production-general employee at the place of business of the said stock company from around January 13, 2015 and did not pay KRW 49,167,096 in total, including wages of KRW 3,208,80 on February 2, 2016 of the retired workers D, even after the lapse of 14 days from the date of retirement without an agreement between the parties. Furthermore, the Defendant did not pay KRW 136,473,50 in total for four workers as in the attached crime list (1) in spite of the lapse of 14 days from the date of retirement without agreement between the parties.

(b) An employer who violates a guarantee of retirement benefits for a worker shall, in cases where the worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred, unless the payment date is extended by the agreement between the parties concerned;

Nevertheless, the Defendant, from January 13, 2015 to May 10, 2017, worked as a production-general employee at the place of business of the said stock company and did not pay KRW 7,460,660 of the retirement allowances of the retired workers D even after 14 days have passed from the date of retirement without an agreement between the parties. Furthermore, the Defendant did not pay KRW 21,84,260, total amount of retirement allowances for four workers as shown in the attached crime list (2) even after the lapse of 14 days from the date of retirement without agreement between the parties.

2. Determination

(a) Applicable legal provisions: Article 109(1) and Article 36 of the Labor Standards Act (paid wages) and Article 44 Subparag. 1 and Article 9 of the Workers’ Retirement Benefits Security Act (paid retirement payment).