The prosecution of this case is dismissed.

Punishment of the crime

The defendant is the representative of Songpa-gu Seoul Metropolitan Government building Category D, who runs software development business using four full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay 6,686,693 won, including E’s wage 4,239,330 won in December 1, 2016, which was retired from the said workplace from the said workplace from around July 1, 2003 to October 31, 2019, without any agreement between the parties on the extension of payment date, within 14 days from the date of retirement, as shown in the list of crimes in the attached Table.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

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

Nevertheless, the Defendant did not pay KRW 72,94,482 as well as KRW 53,812,528 of retirement allowances of E retired from the said workplace from July 1, 2003 to October 31, 2019, within 14 days from the date of retirement without any agreement on the extension of payment deadline between the parties concerned, as described in the attached list of crimes.

2. Article 109(1) and Article 36 of the Labor Standards Act; Article 44 subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act; Article 109(2) of the Labor Standards Act; Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits; Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits; Article 327 subparag. 6 of the Act on the Guarantee of Workers’ Retirement Benefits;