The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant, as a manager of the cosmetic cosmetic in Gangdong-gu Seoul Metropolitan Government, is an employer who ordinarily employs seven full-time workers.

A. The Defendant, at the Defendant’s workplace, did not pay KRW 2,50,000, totaling KRW 1,700,000 on November 2, 2016 and KRW 2,550,00 on December 12, 201 of the same year at the Defendant’s workplace within 14 days from the date of retirement, without agreement on the extension of the payment deadline.

B. The Defendant did not pay KRW 1,983,330 on Nov. 1, 2016, when he/she worked at the Defendant’s workplace from June 8, 2015 to December 5, 2016, and KRW 1,983,330 on December 12 of the same year and KRW 2,76,978 on retirement allowances and KRW 350,00 on December 14 of the same year, within 14 days from the date of retirement without agreement on extension of the payment deadline.

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) Unwritten expression of intent to punish: Submission of a written application for punishment D or E after the institution of the instant prosecution;

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