The prosecution of this case is dismissed.

1. The Defendant is the representative director of the Daegu Northern-gu, Daegu Northern-gu, who is in charge of manufacturing business with 30 full-time workers.

(a) When a worker dies or retires, an employer violating the Labor Standards Act shall pay him/her wages, retirement allowances, compensation, and 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 the total of KRW 154,204,580 of wages of 42 employees as stated in the attached crime list, including the fact that he/she had worked from July 1, 2015 to May 31, 2016 at the above workplace and did not pay KRW 4,466,850 in April 2016 to the retired employee E, within 14 days from the date of his/her retirement without any agreement on the extension of the payment date between the parties.

(b) An employer who violates the Act on Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the worker retires;

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

Nevertheless, the Defendant did not pay KRW 7,728,200 of the retirement allowances of retired workers who worked from the above workplace from October 1, 2013 to May 31, 2016 at the above workplace, and did not pay KRW 84,746,100 for the total of 14 employees, as shown in the list of crimes in the attached crimes, within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties.

2. Determination

(a) Applicable legal provisions: Article 109(1) and Article 36 of each Labor Standards Act (a) and Article 44 Subparag. 1 and Article 9 of each Labor Standards Act (a) of the Guarantee of Retirement Benefits for Workers; Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits Act (a) of the same Act;

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

C. Employees on August 11, 2017, after the instant indictment was instituted.