The prosecution of this case is dismissed.

1. The Defendant is the representative of the “C” in Daegu North-gu, Daegu-gu, and the employer engaging in internal economic and wholesale business using eight full-time workers.

(a) When a worker dies or retires from office, an employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, unless agreed by the parties concerned;

Nevertheless, the Defendant did not pay the total of KRW 7,548,387 of the wages of his retired employee D within 14 days from the date of his retirement without an agreement between the parties, as shown in the attached crime list, within 14 days from the date of his/her retirement, as stated in the attached crime list, as the above “C” to March 4, 2015 to May 6, 2017, KRW 35,145,161 of the wages of his/her four workers, as stated in the attached crime list.

(b) An employer who violates the Act on Guarantee of Retirement Benefits of a worker shall, in cases where the worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred, unless agreed by the parties concerned;

Nevertheless, the Defendant did not pay the total amount of KRW 23,890,633 of the five employees' retirement allowances within 14 days from the date of each retirement without agreement between the parties, as shown in the attached list of crimes in the attached Table, as shown in the following list of crimes, to the extent that the employee retired from office as a production employee from March 4, 2015 to May 6, 2017, as well as the amount of KRW 3,93,000,633 of the retirement allowances of five employees, as described in the attached list of crimes.

2. Determination

(a) Applicable legal provisions: Article 109(1) and Article 36 of each Labor Standards Act (a) and Article 44 Subparag. 1 and Article 9 of each Labor Standards Act (a) of the Guarantee of Retirement Benefits for Workers; Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits Act (a) of the same 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 April 30, 2018, the indictment of this case, was initiated by the Defendant.