The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant, as the representative of the D hotel in the South old-gun C, is an employer who runs a hotel accommodation business with three regular employees.

(a) When a worker dies or retires, an employer violating 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 payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 4,200,000 in total for three wages within 14 days from the date of each retirement without an agreement between the parties on the extension of the payment period between the parties, such as the list of crimes committed by E, who retired from the said workplace as wages of KRW 600,000,000, from March 1, 2014 to May 10, 2016.

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

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

Nevertheless, the defendant did not pay 12,10,179 won in total, including three retirement allowances of retired workers F, who were employed from the above workplace from March 1, 2014 to November 10, 2016, within 14 days from each retirement date, without any agreement between the parties on the extension of payment deadline, as in the list of crimes attached to F, 3,978,173 won.

2. Determination

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

(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 September 26, 2017, G and F expressed their intention that E does not want to be punished against the Defendant on January 19, 2018.

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