A. From December 1, 2014 to February 27, 2017, the Defendant violated the Labor Standards Act, while serving as the managing director at the above company and serving as the management team leader at the above company from July 1, 2016 to February 27, 2017, the Defendant did not pay the total of KRW 36,500,000 of the E’s wages within 14 days from each retirement date without any agreement on the extension of the payment date between the parties concerned.

B. The Defendant in violation of the Guarantee of Retirement Benefits for Workers was serving as the management department from December 1, 2014 to February 27, 2017 and did not pay KRW 10,98,683 of D retirement pay within 14 days from the date of each retirement without any agreement between the parties on the extension of the payment deadline.

2. Determination

(a) Applicable Act: Articles 109(1) and 36 of the Labor Standards Act, Article 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, Article 44 of the Guarantee of Workers' Retirement Benefits Act;

C. After the prosecution of this case, a letter of withdrawal of complaint containing the intention of not to punish victimized workers is submitted.

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