The prosecution of this case is dismissed.

1. The Defendant, as the representative of C in Incheon, is an employer who runs a manufacturing business (wing business) with 100 full-time workers as a representative of C in Incheon.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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, Defendant 1 worked at the said workplace from November 1, 2012 to February 29, 2016, and retired from the said workplace, did not pay KRW 912,377 on January 1, 2016, wages of KRW 1,288,560 on February 19, 2016, and from November 19, 2008 to March 1, 2016, E, who retired from the said workplace, paid wages of KRW 981,114 on January 1, 2016, wages of KRW 1,202,830 on February 29, 2016, and KRW 4,384,881 on January 1, 2016 within 14 days from the retirement date without an agreement between the parties on the extension of the payment date.

2. An employer shall pay a retirement allowance within 14 days after the cause for such payment occurred, if a worker retires;

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

Nevertheless, the Defendant, at the above workplace from November 1, 2012 to February 29, 2016, did not pay the retirement allowances of D 4,336,238 won and the retirement allowances of E 8,741,607 won, which were served from November 19, 208 to March 1, 2016, and did not pay the retirement allowances of E 13,07,845 won within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

2. Determination

(a) Applicable legal provisions: Article 109(1) and Article 36 of the Labor Standards Act (the point of payment of wages), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the point of payment of unpaid wages);

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

(c) Judgment dismissing a public prosecution: Article 327 Subparag. 6 of the Criminal Procedure Act (written withdrawal from June 20, 2018)