1. An employer in violation of the Labor Standards Act has paid wages, compensations, and other money and valuables within 14 days from the time when the cause for such payment occurred if a worker dies or retires, but the Defendant did not pay 209,489,01 won in total, including 3,095,140 won in May 2, 2016, which was worked as the production director from February 29, 2012 to June 2, 2016 at the said workplace, within 14 days from the date of retirement without agreement between the parties to the extension of the payment date, as stated in the attached money and valuables in arrears.

2. An employer who violates the Act on the Guarantee of Retirement Benefits of Workers pays retirement allowances within 14 days from the time when the ground for payment occurred if the employee retires from his/her workplace, but the Defendant did not pay the retirement allowances of 19,041,680 won from February 29, 2012 to June 2, 2016, including 2,3,22,24,25,27-29, 40-4, 40-4, 49, 273, 173,959,240 won, including 2,3, 22, 24, 25, 27-29, 27-4, 49, and 63-65, respectively, within 14 days from the date of the retirement without an agreement between the parties to the extension of the payment period.

2. Determination and conclusion

(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act, the main sentence of Article 44 subparag. 1, and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

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

(c) Submission of a letter of withdrawal on December 26, 2016, that the representative D of the workers in the year does not want punishment against the defendant;

D. Judgment dismissing public prosecution: It is so decided as per Disposition on the grounds of Article 327 subparag. 6 of the Criminal Procedure Act or more.