The prosecution of this case is dismissed.

Summary of Facts charged

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant, in the racing-si, was an employer who was awarded a contract to work related to the business by C operator D, Co., Ltd., which is an automobile parts packing company, and employed one or two full-time workers at the above workplace on December 19, 2016, and the Defendant did not pay the total of KRW 2,050,000,000 for the monthly wage of November 19, 201, and monthly wage of KRW 650,000 for December 12, 200 within 14 days from the date of retirement without agreement between the parties on the extension of the payment period between them.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, if the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred;

Nevertheless, the Defendant did not pay KRW 4,262,675 of retirement allowances E of retired workers on December 19, 2016 within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

Judgment

Applicable Act: Article 109(1) and Article 36 of the Labor Standards Act; Article 44 subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act; Article 109(2) of the Labor Standards Act; Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits; Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits; and Article 327 subparag. 6 of the Criminal Procedure Act on August 1, 2017, after the institution of the instant indictment, public prosecution is dismissed.