The prosecution of this case is dismissed.

1. The summary of the facts charged is the representative of C in the Southern-gu Incheon Metropolitan City, who employs 10 full-time workers and operates the manufacturing business of printed circuit board.

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

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

A. The Defendant in violation of the Labor Standards Act did not pay KRW 38,625,027 of the total wages of 10 workers within 14 days from the date of each retirement without any agreement on the extension of payment period between the parties, as stated in the list of crimes in the attached Table, including KRW 1,960,284 of the retired workers D, when working in the said workplace from April 23, 2015 to September 30, 2016.

B. The Defendant violated the Act on the Guarantee of Retirement Benefits for Workers at the above workplace from April 23, 2015 to September 30, 2016 at the above workplace and did not pay 12,583,739 won, including 3,813,608 won of retirement allowances of retired workers D, and 12,583,739 won, as stated in the list of crimes in the attached crimes, within 14 days from the date of each retirement without any agreement on the extension of the date between the parties.

2. Determination

(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. On February 1, 2017, after filing a prosecution, the Defendant submitted to this court a letter of withdrawal of the petition filed by the victims, stating the Defendant’s intention not to punish the Defendant.

(c)

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act