The prosecution of this case is dismissed.

1. The Defendant in the facts charged of the instant case is an operator of D Co., Ltd. in Ansan-gu, Ansan-gu, who ordinarily employs eight workers and engages in the manufacturing industry.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay 59,415,358 won in total from the date of retirement within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties, as shown in the list of crimes in the attached Table, as stated in the attached Table, to the effect that KRW 1,840,358 of E retired from the place of business of the said stock company D from February 21, 2014 to March 31, 2017, without any agreement on the extension of the payment deadline between the parties.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

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

Nevertheless, the Defendant did not pay KRW 34,031,623 of the retirement pay of E retired from office from February 21, 2014 to March 31, 2017 at the place of business of the said stock company D, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period.

2. Determination

(a) Applicable legal provisions: Article 109(1) and Article 36 of the former Labor Standards Act (wholly amended by Act No. 15108, Nov. 28, 2017); Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (which means the payment of wages, etc.);

(b) The crime of non-violation of a doctor: Article 109(2) of the Labor Standards Act, the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.