The prosecution of this case is dismissed.

Punishment of the crime

The defendant is a representative of E in Sejong-si, who ordinarily employs eight workers and operates a food-oriented business.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay 13,90,017 won in total from the date of retirement to the lapse of 14 days from the date of retirement without an agreement on the extension of the payment period between the parties, as in the calendar in the “Attachment List of Crimes”, which included F’s wage of 421,760 won in June 2013, which was worked as the main place from November 19, 201 to May 29, 2016.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

Provided, That where there is a special nature, the payment date may be extended by an agreement between the parties.

Nevertheless, the Defendant had worked in the said workplace from November 19, 201 to May 29, 2016 and did not pay 11,636,900 won of the F's retirement allowance of workers under the above "A retired on the following day" to 14 days from the date of retirement without agreement between the parties.

Article 109(2) of the Labor Standards Act for the Reasons for Dismissal of Public Prosecution (Offense of Non-Punishment against Members), proviso to Article 44 of the Act on the Guarantee of Workers' Retirement Benefits (Offense of Non-Punishment against Members), and Article 327 subparag. 6 of the Criminal Litigation Act (Offense of Non-existence of Punishment against Workers after Public Prosecution) are determined as above.