The prosecution of this case is dismissed.

1. The summary of the facts charged is the user who runs a construction business as the representative of the Seocho-gu Seoul Metropolitan Government (State)C.

(a) An employer in violation of the Labor Standards Act shall, if a worker retires, pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant had worked in the above workplace from April 19, 201 to December 11, 2015, and had not paid KRW 716,593 of the wages of retired workers D within 14 days from the date of retirement, as shown in the list of crimes in the attached Table, and did not pay KRW 21,518,918 of the total wages of six workers within 14 days from the date of retirement, as shown in the list of crimes in the attached Table.

(b) An employer who violates the Act on 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

Nevertheless, the Defendant did not pay KRW 10,228,063 of the above employee D’s retirement pay within 14 days from the date of retirement, and did not pay KRW 49,208,123 of the total seven employees’ retirement pay within 14 days from the date of retirement, as shown in the list of crimes in the attached crimes.

2. Determination

A. Article 109(1) and Article 36 of the Labor Standards Act; the main text of Article 44(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. On December 13, 2016 and December 16, 2016, the prosecution of this case, and on December 16, 2016, the victimized workers expressed their intention not to punish the Defendant.

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