The prosecution of this case is dismissed.

The defendant is the representative of the Dispute Resolution D, which is located in B and C, and is a user who runs a construction business using ten full-time workers.

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;

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

Nevertheless, the defendant did not pay the total of the E's wages of 1,80,000 won in November 1, 2019, which were worked from April 1, 2017 to August 31, 2020, the wage of 4,300,000 won in January 2020, the wage of 4,30,300,000 won in February 2020, the wage of 4,30,000 won in March 20, the wage of 4,300,30,000 won in April 20, 200, the wage of 4,30,000,00 won in May 4, 200, the wage of 4,30,300,000 won in June 4, 2020, the wage of 30,300,000 won in March 36, 200, 204

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

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

Nevertheless, the Defendant did not pay KRW 14,394,372 of E's retirement pay from April 1, 2017 to August 31, 2020 at the same place of business within 14 days from the date on which the grounds for payment occurred, without an agreement between the parties on the extension of the payment deadline.

Judgment

The facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, main text of Article 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits. According to Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits, the victim’s explicit intent is against the victim.