Each of the instant public prosecutions is dismissed.

1. The summary of the facts charged is that the Defendant is a person in charge of business management, who employs five full time workers as the representative director of the State B, C(State) and D(State) located in 101 and is engaged in construction business.

The Defendant, under C (State), worked for the period from December 1, 2014 to February 28, 2017, as well as for the total of KRW 17,835,01,01,660, total of KRW 12,801,660, and the total of KRW 12,801,660, respectively, from May 2, 2014 to November 25, 2016, the Defendant did not pay KRW 17,835,010, in total, under the name of two retired workers in arrears in the number of retirement allowances of KRW 5,03,35,00, which were retired from office, within 14 days from the date on which the grounds for payment occurred, without an agreement on the extension of the payment date between the parties.

2. Determination

(a) Unpaid legal provisions: Article 109(1) and Article 36 of the Labor Standards Act that does not pay retirement allowances: Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

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

C. On November 29, 2017, the written withdrawal of a petition to the effect that the victims do not want the punishment of the defendant

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