The prosecution of this case is dismissed.

The defendant in the factory office is an employer who is a person in charge of operating a construction business with 20 full-time workers, who is an actual manager of the Silbuk-gun B, Gyeongbuk-gun, which is a company in charge of the construction business.

(a) An employer shall, if a worker retires, pay the retirement allowance 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 did not pay the total amount of KRW 17,058,003 as well as KRW 14,755,320 of D’s retirement allowances, which were retired from the said workplace as civil engineering department from December 17, 2012 to December 15, 2016, within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties, as stated in the details of money and valuables in arrears in the attached Form.

(b) When a worker dies or retires, the employer 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 did not pay KRW 5,030,000 to three workers within 14 days after his/her retirement without an agreement on the extension of the due date of payment between the parties, as well as KRW 2,195,740, monthly wage of November 2016 of E, who retired from the said workplace as the on-site leader from May 4, 2015 to December 31, 2016.

Maz.

1. Crimes of non-violation of intention (Article 109 (1) and (2) of the Labor Standards Act, Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act, and the proviso to the same Article);

2. The expression of intention not to punish victimized workers after the prosecution of this case.

3. Judgment dismissing a public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act);