The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant, as the actual representative of C Agricultural Partnership Co., Ltd. in the racing-si, employs approximately 10 full-time workers and operates a mushroom seed breeding business.

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

Nevertheless, the Defendant did not pay the total of KRW 26,50,884 of the wages of D workers who were employed in the said company’s workplace on June 10, 2017, KRW 7,131,096 of E workers who were employed on or around June 10, 2017, KRW 7,547,674 of the wages of E workers who were employed on or around June 10, 2017, KRW 26,572,828 of the wages of G workers who were employed on or around July 31, 2017, within 14 days from the date of each retirement.

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.

Nevertheless, on June 10, 2017, the Defendant did not pay 13,193,280 won, including the total amount of 3,870,90 won of D retirement pay of retired workers around June 10, 2017, 1,94,760 won of E’s retirement pay of retired workers around June 10, 2017, 3,960,310 won of F’s retirement pay of retired workers around June 10, 2017, and 3,417,220 won of G retirement pay of retired workers around July 31, 2017, respectively.

2. Determination

(a) Applicable legal provisions: 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-criminal punishment: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

C. On May 23, 2018, the indictment for the above worker was not made.

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