Each of the instant public prosecution against the Defendant is dismissed.

1. The Defendant is a user of specialized construction business with six full-time workers, who is the representative director of C(main) in Gangnam-gu Seoul, Seoul, and 2 floors.

When a worker dies or retires, the employer shall pay the wages, compensations, and 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 did not pay the sum of the D’s wages of KRW 4,050,00 on Nov. 1, 2019, and KRW 7,200,000 on May 2, 2018 through November 30, 2019, and KRW 2,730,000 on Nov. 1, 2019, which worked from May 2, 2019 to November 26, 2019, and KRW 7,20,000 on Apr. 23, 2019 to November 3, 2019, without any agreement between the parties on extension of the payment date.

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

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

Nevertheless, the Defendant did not pay KRW D retirement allowance of KRW 5,324,943, which had worked from May 2, 2018 to November 30, 2019 at the above workplace, within 14 days from the date of retirement in which the cause for the payment occurred without agreement between the parties on the extension of the due date.

2. Provisions of applicable provisions to the facts charged in judgment: Each judgment dismissing public prosecution for the accused of the prosecution under Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, Articles 40, 37 and 38 of the Criminal Act: Article 109(2) of the respective Labor Standards Act, Article 44 of the Act on the Guarantee of Workers' Retirement Benefits, and Article 327 subparag. 6 of the Criminal Procedure Act.