The prosecution of this case is dismissed.

Punishment of the crime

1. The summary of the facts charged is the defendant, as the representative of the Kyeongdong-gun B, who is an employer who runs the principal and gold-type manufacturing business using five full-time workers.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all 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 is working in the foregoing workplace from May 1, 2012 to September 30, 2014.

In September 2014, the retirement worker D did not pay the total of KRW 5,300,000 for three retired workers as stated in the attached list of crimes, as well as KRW 800,000 for wages in September 2014, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

(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 may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked in the foregoing workplace from May 2, 201 to September 30, 2014.

The retirement allowance of retired workers E, including 1,893,151 won, did not pay 16,880,643 won in total for three retirement allowances of retired workers within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the employee’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to the withdrawal of a complaint filed in the records, E, D, and F.