The prosecution of this case is dismissed.

1. The Defendant, as the representative director of E Co., Ltd. in Dongducheon-si, is an employer who runs the taxi transport business using 85 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and 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 KRW 15,574,350 in total money and valuables within 14 days from the date of retirement, such as the details of F’s overtime allowance 99,000 on January 21, 2009, which had been worked at the above workplace from August 21, 2009 to January 18, 2015, as well as the details of the attached crime list.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay the F retirement allowance of KRW 5,496,199, which was worked from August 21, 2009 to January 18, 2015 at the above workplace, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. Determination

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

(b) Crimes of non-violation of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. On November 28, 2016, after the institution of public prosecution, the statement that workers F will not be punished;

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