The prosecution of this case is dismissed.

1. In the facts charged, the Defendant is an employer who runs a transport business with forty workers employed as the representative director of corporation C, which is located in Ilyang-gu B 303, Mangsan-gu.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and 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 worked in the said workplace from March 9, 2009 to April 10, 2014, and did not pay two retired workers 2,145,140 won for holiday work allowances, such as 4,213,300 won for annual leave allowances of three retired workers and 12,213,300 won for annual leave allowances of three retired workers at the said workplace and 1,209 to April 30, 2014 without agreement on the extension of the due date of payment between the parties, as in the list of crimes, including 1,072,570 won for paid holiday work allowances of two retired workers E, such as in the list of crimes.

(b) An employer shall pay a retirement allowance within 14 days after the cause for payment thereof occurred, if a worker retires;

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

Nevertheless, the Defendant did not pay KRW 32,565,170 in total for five retired workers within 14 days from the date of retirement without an agreement on the extension of payment period between the parties concerned, such as the written list of crimes, including KRW 8,239,560, etc., committed by retired workers D's retirement pay of KRW 8,239,560 from March 9, 2009 to April 10, 2014.

2. Each of the facts charged of the instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and is clearly indicated by the victim pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act.