All of the prosecutions of this case are dismissed.

1. The Defendant in the facts charged is the actual management owner of C Co., Ltd. in Kimpo-si, who runs wholesale and retail business with 20 full-time workers.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

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

Nevertheless, the defendant employed from September 1, 2004 to October 8, 2019 at the above workplace and employed on September 15, 2000, 181, 178 Won and September 15, 2005, and did not pay KRW 87,208,891 of E's retirement pay by March 31, 2020 and did not pay it within 14 days from the date on which the grounds for payment occurred without any agreement on the extension of the payment deadline between the parties.

2. Determination

(a) Applicable law: Article 44 subparagraph 1 of the Guarantee of Retirement Benefits for each worker, and Article 9 of the same Act;

(b) Crimes of non-violation of will: proviso to Article 44 of the Guarantee of Retirement Benefits of Workers.

(c) Declaration of non-existence of punishment after prosecution: Non-application for punishment of E received on February 15, 2021, and non-application for punishment of D received on February 19, 2021;

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