All of the prosecutions of this case are dismissed.

1. The Defendant is an operator of Seocho-gu Seoul Metropolitan Government, Seocho-gu and C, who ordinarily employs two workers and engages in wholesale and retail business, etc.

(a) 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 the payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, Defendant D retired from the place of business of the said stock company from September 7, 2017 to October 12, 2018, the amount of KRW 3,500,000 on December 12, 2017, wage of KRW 3,500,000 on January 1, 2018, wage of KRW 1,00,000 on February 2, 2018, wage of KRW 3,50,000 on March 3, 208, wage of KRW 3,50,000 on April 3, 208, wage of KRW 3,50,00 on April 3, 208, and KRW 3,50,00 on May 3, 200, KRW 50,000 on June 3, 200, KRW 3000 on wage of KRW 3,50,000 on May 3, 2018,

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

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

Nevertheless, the Defendant did not pay KRW 3,761,614 of the retirement allowance of E retired from office from September 7, 2017 to October 12, 2018 at the place of business of D Co., Ltd. within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

2. Determination

(a) Applicable Act: 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-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

C. The prosecution was made after the institution of public prosecution.