Each of the instant public prosecutions is dismissed.

1. The Defendant is the representative of the Daegu-gu Daegu-gu Dispute Resolution Co., Ltd. C 803, who operates a service business (IT and software development).

(a) When an employee in violation of the Labor Standards Act dies or retires, the employer shall pay him/her wages, compensations, or 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, the Defendant did not pay the total amount of KRW 9,919,000, as shown in the attached crime list, including KRW 1,500,000, which was retired from the said workplace from office from February 1, 2014 to August 19, 2016, within 14 days from the date of retirement without agreement on the extension of the payment date between the parties concerned.

(b) When a worker dies or retires, the employer who violates the guarantee of retirement benefits of the worker shall pay the worker a retirement allowance 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, the Defendant, at the above workplace from December 1, 2014 to August 19, 2016, did not pay KRW 2,524,156 of the retirement allowances E that retired from the said workplace within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

2. Determination

(a) Applicable Act: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers' Retirement Benefits Guarantee Act;

(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. In case of expression of non-existence of punishment: A criminal agreement on the preparation of workers E containing the expression of non-existence of punishment for the defendant after the indictment of this case is submitted.

(d) Judgment dismissing each public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;