The prosecution of this case is dismissed.

1. The summary of the facts charged is a person who operated a medical care center under the name of “C” in Chungcheong City B.

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 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, from May 1, 2012 to November 1, 2015, the Defendant did not pay the total of KRW 1,950,110,00 of D’s wages, which were worked as a medical care care care physician at the above medical care center, within 14 days from the date of retirement, and did not pay KRW 11,337,030,030, in total, five workers, as stated in the details of money in arrears in the attached Form, within 14 days from the date of retirement without an agreement between the parties to extend the payment date.

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, from May 1, 2012 to November 1, 2015, did not pay KRW 5,078,410 of the D retirement pay to the above medical care center as a medical care care worker and retired from office within 14 days from the date of retirement, and did not pay KRW 38,626,060 in total for six employees, as stated in the details of the attached money and valuables in arrears, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.

2. Determination:

(a) Applicable law: Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefits Guarantee Act;

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

C. Un original intent to punish: D, E, F, G, H, and I, each of the instant charges was instituted by each of the following persons: November 8, 2016 and March 14, 2017.