The prosecution of this case is dismissed.

Punishment of the crime

The Defendant is the representative of the middle-class restaurant "D" in Pyeongtaek-si C, who runs a middle-type business using four or five full-time workers.

1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay all money or valuables, such as wages, within fourteen days after the cause for such payment occurred;

Nevertheless, the defendant worked in the above restaurant from January 7, 2015 to April 11, 2016 and did not pay the total of 37,964,980 won, including the total of 1,077,080 won of the part-time wage of 37,96,980 won from the date of retirement within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties, as shown in the list of crimes in the attached Table.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

Nevertheless, Defendant 1 worked in the above restaurant from January 7, 2015 to April 11, 2016 and did not pay 1,729,660 won in total, including 1,140,930 won of retirement allowances of retired workers E, within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties concerned, as shown in the list of crimes in the attached Table.

Accordingly, the Defendant did not pay a total of 39,694,640 won to workers.

2. Determination is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and is not charged against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records, since the facts are acknowledged after the prosecution of this case was instituted and all injured workers expressed their wish not to punish the defendant, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.