The prosecution of this case is dismissed.

1. The Defendant is an employer who operates a construction company with ten full-time workers in Pyeongtaek-si C, Inc.’s trade name.

From March 1, 2009 to May 21, 2013, the Defendant violated the Labor Standards Act: (a) paid total of KRW 2,500,000 monthly wages for 13 months from April 2012 to April 2013; and (b) paid KRW 32,500,000 within 14 days from the date of occurrence of the cause without any agreement between the parties on the extension of the due date.

B. The Defendant violated the Guarantee of Workers’ Retirement Benefits Act did not pay KRW 766,66,66, which is part of the retirement allowances of workers E who worked for the pertinent company from March 1, 2009 to May 21, 2013, within 14 days from the date on which the relevant cause occurred, without any agreement between the parties on the extension of the payment date.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 (1) and 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-performance of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

(c) Expression of intention not to punish: A written agreement submitted on April 1, 2015, which was after the institution of public prosecution of this case.

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