The prosecution of this case is dismissed.

The Defendant, as the representative of Co., Ltd. C in Ansan-si, is an employer who runs the automobile repair business using 20 full-time workers.

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred: Provided, That the period may, under special circumstances, be extended by mutual agreement between the parties concerned;

Nevertheless, the Defendant had worked from August 7, 2017 to November 16, 2019 at the above workplace, and had not paid KRW 1,920,000 on November 1, 2019 of retired workers D within 14 days from the date of retirement, which is the date of the occurrence of the payment cause, without agreement between the parties on the extension of the payment date.

(b) An employer who violates the guarantee of retirement benefits of a worker shall, in cases where the worker retires, pay the retirement allowance within 14 days after the ground for such payment occurred: Provided, That the payment period may be extended by mutual agreement between the parties concerned in special circumstances;

Nevertheless, the defendant did not pay KRW 8,073,671 of the retirement allowance of workers D who worked as described in the above paragraph (a) within 14 days from the date of retirement, which is the date of occurrence of the reasons for payment, without agreement between the parties on the extension of the payment period.

2. Determination

(a) Relevant Acts: 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) Non-existence of punishment: Application for a punishment on December 24, 2020;

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;