The prosecution of this case is dismissed.

1. The Defendant, as the representative director of Geumcheon-gu Seoul Metropolitan Government Co., Ltd., in the instant case, is an employer who runs software development and supply business using 22 full-time workers.

(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 date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay KRW 641,930,00 from June 25, 2007 to April 30, 2015 to retired workers D’s annual settlement refund 641,930 within 14 days from the date of retirement, which is the date of occurrence of the cause of payment, without agreement between the parties on the extension of the payment period.

(b) Where an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 19,286,420 of retirement allowances of retired workers D within 14 days from the date of retirement, which is the date of the occurrence of the reasons for payment, without an agreement between the parties on the extension of the payment period, from June 25, 2007 to April 30, 2015.

2. Determination

(a) Applicable legal provisions: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Workers’ Retirement Benefits Guarantee Act;

(b) Crimes of non-criminal punishment: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

C. On October 23, 2017, the employee D, who had the intent to not punish the Defendant, submitted a written confirmation.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act