The prosecution of this case is dismissed.

1. The Defendant, as the representative of the Kneung-si Co., Ltd. in the charge, is an employer who operates a service business by using five regular workers.

When a worker dies or retires, the employer in violation of the Labor Standards Act 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 worked as the head of the management team from June 1, 2016 to July 31, 2017 at the same place of business, and did not pay KRW 3,000,000 per month of wages from April 1, 2017 to July 7, 2017, and KRW 23,000,000 per month of wages from July 1, 2017, without agreement on extension of the due date between the parties.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant worked as the head of the management team from June 1, 2016 to July 31, 2017 at the same place of business, and did not pay KRW 5,802,560 of D retirement pay between retirement allowances within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. Determination of applicable provisions of Acts: Article 109(1) and Article 36 of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017; hereinafter the same shall apply); Article 44 subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act: Article 109(2) of the former Labor Standards Act; Article 44 of the Act on the Guarantee of Workers' Retirement Benefits; Article 109(2) of the former Act on the Guarantee of Workers' Retirement Benefits; and Article 44 of the proviso to the Guarantee of Workers' Retirement Benefits Act on February 12, 2019, which was submitted