The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant is the representative of D Co., Ltd. in Gyeonggi-si, who ordinarily employs 23 workers and engages in telecommunications construction and maintenance business.

(a) 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, Defendant D’s workplace, from January 3, 2010 to September 19, 2016, retired from office E’s wages of KRW 3,173,270 on May 5, 2015, which was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period between the parties, and the part F in the list of crimes in the attached Table of the List of Crimes List of Attached Crimes was revoked and the decision to dismiss prosecution was made.

As stated above, 14,929,922 won in total of wages E and annual settlement refunds was not paid 14,929,922 from the date of retirement without agreement between the parties on the extension of the payment period.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee 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 23,344,306 of the retirement pay of E that retired from office from January 3, 2010 to September 19, 2016 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 of the above facts charged falls under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Labor Standards Act, and Article 109(2) of the Labor Standards Act and retirement benefits for workers.