The prosecution of this case is dismissed.

1. The Defendant, as the representative of the C Hospital in Gangnam-gu Seoul Metropolitan Government, is an employer who ordinarily employs 31 workers and operates general Council members.

When a worker dies or retires, the employer 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 of payment may be extended by an agreement between the parties in special circumstances.

Nevertheless, the Defendant worked in the said workplace from November 2, 2015 to June 20, 2018, and did not pay KRW 3,398,075 to D retired workers, including overtime work allowances of KRW 3,98,075, and KRW 7,324,990, in total, to E retired from office, within 14 days from the date of retirement without agreement between the parties to the extension of the due date for payment.

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

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

Nevertheless, the Defendant worked in the foregoing workplace from November 2, 2015 to June 20, 2018, and did not pay the retirement allowances of KRW 4,727,897 to D who retired from the workplace, and did not pay the total amount of KRW 9,446,958 to two workers, including retirement allowances of KRW 4,719,064, from March 5, 2016 to June 30, 2018, and to E who retired from the workplace within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. Determination

(a) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. After the prosecution of this case, a written agreement stating the relevant worker's expression of non-existence of punishment is submitted.

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