The prosecution of this case is dismissed.

1. In the facts charged, the Defendant is an employer who runs wholesale and retail business using two full-time workers as a real manager of D in Young-gu, Young-gu, Suwon-si, Suwon-si.

The Defendant, while working in the said workplace from October 4, 2014 to October 23, 2015, did not pay the amount of KRW 500,000,000, the amount of divided wage of August 8, 2015, the amount of KRW 2,200,000 on September 20, 2015, the amount of wage of KRW 1,000,000, retirement allowance of KRW 2,287,790 on October 2015, within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.

2. Determination

(a) Applicable legal provisions: 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-criminal punishment: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

(c) Judgment dismissing a public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act (the written agreement and withdrawal of complaint that the employee does not want to be punished against the defendant on January 30, 2018, which was after the prosecution of this case was instituted)