Each of the instant public prosecutions is dismissed.

1. The summary of the facts charged is that the Defendant, as the C representative director of Seongbuk-gu Seoul Special Metropolitan City Co., Ltd. (701), is an employer who runs the business of manufacturing four-day machinery with a mission of eight full-time workers.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 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 did not pay KRW 1,935,820, total sum of KRW 1,799,621, and KRW 3,735,441, within 14 days from the date of retirement without an agreement between the parties to the extension of the payment date, which had worked in the said workplace from October 10, 2017 to December 31, 2017.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee 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 711,137 in the balance of E retirement pay from March 31, 2015 to September 30, 2016 at the same place of business within 14 days from the date of retirement without agreement between the parties to the extension of payment deadline.

2. Determination

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

(b) An expression of intent that workers D or E does not want to be punished for a defendant after prosecution.

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