The prosecution of this case is dismissed.

1. The summary of the facts charged is a user who actually runs wholesale and retail business in Songpa-gu Seoul Metropolitan Government (State)C as an actual manager.

(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 said workplace from February 12, 2010 to December 31, 2014, and had not paid KRW 39,008,767 out of the total wages from October 10, 2013 to December 2, 2014 of the retired workers D within 14 days from the date of retirement.

(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 13,736,220 of the retirement allowance of the above worker D within 14 days from the date of his retirement.

2. Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits: Article 109(2) of the Labor Standards Act, Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits, and Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits, a judgment dismissing a victim’s non-guilty declaration of intention (Article 327 subparag. 6 of the Criminal Litigation Act).