The prosecution of this case is dismissed.

1. The Defendant, as the representative of the Namdong-gu Incheon Metropolitan City, is an employer who runs food manufacturing business using 12 full-time workers.

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within fourteen days after the cause for such payment occurred;

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked from August 12, 2012 to December 4, 2015 and did not pay 21,830,575 won, including 1,103,053 won of retired workers D on May 5, 2015, as well as 21,830,575 won, for employees, such as the list of crimes, within 14 days from the date of retirement when the grounds for payment occurred without an agreement on the extension of the payment date between the parties.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the defendant employed in the above workplace from January 1, 2013 to July 15, 2017 and did not pay 12,184,353 won in total for two employees, such as the list of crimes attached to E-retirement pay of retired workers, within 14 days from the date of retirement, when the ground for payment occurred without an agreement between the parties on the extension of the payment deadline.

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. On January 11, 2018, after the institution of the instant indictment, a written withdrawal of the instant complaint containing employee D, F, E, and G’s expression of intention not to punish employees in this court.