All of the prosecutions of this case are dismissed.

1. The Defendant is an employer who runs a manufacturing business of steel structure using 11 full time workers under the trade name of “C” in Haan-gun, Chungcheongnam-gun, Haan-gun.

(a) When a worker dies or retires, an employer in violation of 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 mutual agreement between the parties in extenuating circumstances.

However, the Defendant did not pay the total amount of KRW 20,397,719 as stated in the detailed statement of arrears in the attached Form, including the total amount of KRW 4860,00,000,000,000,000,000,000,000,000,000,000 from April 6, 2015 to July 31, 2015, as well as the total amount of KRW 1.64,640,00,00,000,000,000,000,000,000,000,000,000,000,000,000,000,00

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

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

However, the Defendant did not pay KRW 5,361,523 of the retirement pay of E retired from office from April 9, 2013 to August 30, 2015, as stated in attached Table 4, within 14 days from the date of retirement, which is the date of occurrence of the cause of payment, without agreement between the parties on the extension of the payment deadline.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, or Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act, or the proviso to Article 44 of the Workers’ Retirement Benefit Security Act.