The prosecution of this case is dismissed.

The Defendant is a representative of Mapo-gu Seoul Metropolitan Government building B and 7th floor C, who runs a manufacturing business with two full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within 14 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, the Defendant worked from June 6, 2006 to July 4, 2017 and retired workers D’s wages of KRW 471,484 in June 2017, wages of KRW 392,66 in July 2017, and paid KRW 2,300,000 in July 7, 2016, and KRW 1,150,000 in August 2017, and paid KRW 4,313,150 in total for two retired workers from office within 14 days from each retirement date without an agreement on the extension of the payment date between the parties.

2. Where an employer who violates the Guarantee of Workers' Retirement Benefits Act dies or retires of a worker, he/she shall pay wages, compensations, and other money or valuables within 14 days from the time when the cause for such payment occurred;

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

Nevertheless, the Defendant worked in the period from June 6, 2006 to July 4, 2017, and worked in the period from January 7, 2016 to August 21, 2017 as retirement allowances of 10,487,445 won, and the retirement allowances of 3,667,808 won and paid 14,15,253 won in total to 3,67,808 won to 3,67,808 won to 3,667,800 won to 3,15,253 won to 2,000 won to 2,00 won to 2,00

Judgment

Of the facts charged in this case, the facts charged cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act. Of the facts charged in this case, the violation of the Act on the Guarantee of Workers’ Retirement Benefits is limited to the proviso to Article 44 of the Act.