The prosecution of this case is dismissed.

I. The Defendant in the facts charged in the instant case is the representative of C and D Co., Ltd. in Seongbuk-gu, Seongbuk-si, Sungnam-si, who ordinarily employs twenty-seven workers and operates the wholesale, retail and manufacturing business.

When a worker dies or retires, an employer shall pay the wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred: Provided, That the period may, under special circumstances, be extended by mutual agreement between the parties concerned.

1. The Defendant in violation of the Labor Standards Act did not pay an aggregate of KRW 29,094,060, including wages, etc., from November 1, 2013 to March 17, 2016, to E who worked in the said workplace, within 14 days from the date of retirement, without an agreement between the parties on the extension of the date within 14 days from the date of retirement, and did not pay an aggregate of KRW 90,349,080 for five workers, as shown in attached Table 1, within 14 days from the date of retirement, without any agreement between the parties on the extension of the date.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 9,705,214 of retirement allowances to E employed workers in the said workplace from November 1, 2013 to March 17, 2016 without agreement between the parties on the extension of the date within 14 days from the date of retirement, and did not pay KRW 37,656,288 in total for four employees within 14 days from the date of retirement as stated in the attached list 2 of the crimes committed in the attached Table 2.

II. Judgment

1. Applicable provisions of Acts - Articles 109(1) and 36 of the Labor Standards Act - Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

2. The crime of non-violation of will - Article 109(2) of the Labor Standards Act - Article 44 proviso of the Guarantee of Workers' Retirement Benefits Act.

3. Declaration of non-existence of punishment after a public prosecution is instituted: Submission of a written agreement dated December 13, 2016;

4. Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act.