The prosecution of this case is dismissed.

The defendant is a user who runs a construction business by employing ten full-time workers in Seo-gu Incheon, Seo-gu.

Where an employee retires, an employer shall pay wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, from September 15, 2015 to January 20, 2016, did not pay the total of KRW 25,548,000 to 11 employees, as shown in the list of crimes in the separate sheet of crimes, as indicated in the separate sheet of crimes, when he/she worked at the construction site of Sejong apartment (Seoul apartment) and retired from office on January 1, 2016, and did not pay KRW 25,548,00 for 11 employees within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties.

Judgment

1. Applicable legal provisions: Articles 109 (1) and 36 of the Labor Standards Act;

2. Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act;

3. Judgment dismissing a public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act (Submission of a written application for punishment on December 19, 2017, for which D, the representative of victimized workers, was the filing of the instant public prosecution).