The prosecution of this case is dismissed.

1. The summary of the facts charged is the representative of the C Hospital located in Busan Jin-gu B, who ordinarily employs 70 workers and operates a health business.

When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.

However, if there are special circumstances, the date may be extended by agreement between the parties.

The Defendant in violation of the Labor Standards Act is working as the head of the nursing team at the relevant workplace during the period from June 16, 2008 to March 5, 2018.

On March 2018, retired workers D, including 427,140 won of wages and annual allowances of 1,205,730 won, and 39,609,730 won of wages and annual allowances of 36 workers, as stated in the details of personal delayed payment money and other valuables, were not paid within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

B. The Defendant violating the Guarantee of Workers’ Retirement Benefits Act is serving as the nursing team leader in the pertinent workplace between June 16, 2008 and March 5, 2018.

The retirement allowances of retired workers D, including 25,773,940 won, did not pay the total of 520,565,730 won of retirement allowances of 40 employees within 14 days from the date of retirement without any agreement between the parties on the extension of payment dates, as stated in the details of the money and valuables in arrears by each individual.

2. Determination No. 1-A

The facts of violation of the Labor Standards Act stated in Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017) cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act, and the above 1-B.

The facts of violation of the Act on the Guarantee of Workers' Retirement Benefits as stated in the paragraph are the crimes falling under subparagraphs 1 and 9 of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits, and not prosecuted against the express will of the victim under the proviso of Article 44 of

However, there is a problem.