All of the prosecutions of this case are dismissed.

1. Criminal facts are three representatives in South and North Navy C, who ordinarily employ 22 workers and run a funeral manufacturing business. A.

When a worker dies or retires, the employer in violation of the Labor Standards Act 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 is working from January 1, 2012 to November 30, 2019 at the above workplace.

D's wages of 1,00,158 won in June 2019, wages of 1,60,00,000 won in July 2019, wages of 1,60,000,000 won in August 2019, wages of 1,670,000 won in September 2019, wages of 1,670,000 won in October 2019, and wages of 1,670,000 won in November 2019, without any agreement between the parties on the extension of the payment date between the parties.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant is working from January 1, 2012 to November 30, 2019 at the above workplace.

The retirement allowance of 13,720,910 won was not paid within 14 days from the date of retirement without any 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 (a point of payment of wages within the payment deadline), and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances within the payment deadline);

(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) Declaration of non-existence of punishment after prosecution: Application for non-prosecution of punishment received on September 22, 2020;

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