Each of the instant public prosecutions is dismissed.

1. The summary of the facts charged in the instant case is the employer who is a representative of the cafeteria “E” located in Gyeonggi-do, and operates a restaurant using 100 full-time workers.

1. When a worker dies or retires from office, the employer who has violated the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the period of payment;

Nevertheless, the Defendant did not pay 45,775,807 won in total for 34 employees, as shown in the list of crimes in the attached Table, even though there was no agreement between the parties on the extension of payment date, within 14 days from the date of each retirement, even though there was no agreement between the parties on the extension of payment date.

2. When a worker in violation of the Guarantee of Retirement Benefits of Workers retires, the employer shall pay the worker a retirement allowance within 14 days from the date of such retirement, unless otherwise agreed on the extension of the payment period;

Nevertheless, the Defendant did not pay KRW 4,594,660 of the F's retirement allowances working as a facility manager from July 1, 2014 to July 31, 2016 at the above workplace, and did not pay KRW 201,828,830 of the total retirement allowances of 29 workers within 14 days from each retirement date, even though there was no agreement between the parties on the extension of the payment date, as shown in the list of crimes in the attached Table.

2. The above facts charged are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, 40 persons, such as workers F, etc., were punished against the Defendant after the prosecution of this case was instituted.