All of the prosecutions of this case are dismissed.

Punishment of the crime

The defendant employs 40 full-time workers of D in the trade name of D in the city of Gyeongnam-si, the defendant is a user who performs the vessel block creation work.

1. The Defendant violated the Labor Standards Act: (a) from February 15, 2016, when working as a director at the said workplace from around February 15, 2016 to April 30, 2017, the Defendant did not pay KRW 83,876,762, including KRW 9,877,135, the total amount of wages of 41 workers, as indicated in the attached crime list, within 14 days from the date of each retirement without agreement on the extension of payment date between the parties concerned.

2. The Defendant in violation of the Act on the Guarantee of Workers’ Retirement Benefits did not pay 36,44,560 won in total, including 6,475,510 won in the Workers E’ Retirement Allowance as stated in paragraph (1) of this Article, within 14 days from the date of each retirement without any agreement on the extension of payment deadline between the parties concerned, as stated in the list of crimes attached hereto.

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 (1) of the Guarantee of Workers' Retirement Benefits Act;

C. After the prosecution of the instant case, the withdrawal of a petition containing the expression of non-existence of punishment for the victimized workers will be withdrawn.

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