The prosecution of this case is dismissed.

The defendant, as the representative of the Co., Ltd. in Seongbuk-gu Seoul Metropolitan City, is a user who runs transportation business using 60 full-time workers.

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 works as a bus driver from January 14, 2016 to February 10, 2017 at the above workplace.

A total of KRW 3,282,370, as stated in the attached Table of Crimes, such as KRW 149,242, etc. of the overtime allowance in January 2016 that retired following the following day, was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the payment

(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 according to an agreement between the parties in extenuating circumstances.

Nevertheless, the defendant works as a bus driver from January 14, 2016 to February 10, 2017 at the above workplace.

The 218,635 won of retirement pay from the following day was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-violation of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

(c) Judgment dismissing public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act;