The prosecution of this case is dismissed.

The summary of the facts charged is that the defendant is the actual manager of Yeonsu-gu, Incheon, B and C, Inc. 1603, who is engaged in construction business by using 20 full-time workers.

1. 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 14 days after the cause for such payment occurred;

Nevertheless, from April 21, 2015 to August 31, 2016, the Defendant did not pay 16,703,320 won in total for two workers within 14 days from the date of retirement, as shown in the list of crimes in the attached Table, including 3,663,30 won in May 2016, as well as 16,70 won in total, from May 21, 2016.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

Nevertheless, the Defendant did not pay 7,501,333 won, including 4,859,226 won for employees D's retirement allowances working at the above workplace during the period of Paragraph 1, within 14 days from the date of retirement without agreement on the extension of payment date between the parties, as stated in the list of crimes in the attached Table.

Judgment

1. Applicable Acts: Article 109(1) and Article 36 of the Labor Standards Act, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers;

2. 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.

3. Judgment dismissing a public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act (the victim's withdrawal of a complaint and submission of a written application for non-prosecution of punishment, stating his/her intention not to prosecute on June 7, 2017 following the institution of the public prosecution in this case);