The prosecution of this case is dismissed.

1. In the facts charged, the Defendant is an employer as a business manager who ordinarily employs 25 workers as the representative director of the E-(State) located in Gyeongnam-si, Gyeongnam-si, and operates the vessel's stolen works.

(a) An employer shall pay wages, compensations, or any other money or valuables within fourteen (14) days from the date of his retirement when he retires;

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

Nevertheless, the Defendant did not pay the total amount of 16,434,50 won within 14 days from the date of retirement without an agreement between the parties to the extension of payment deadline, as stated in the list of offenses in the attached Table, including FF’s wage of 1,372,400 won in May 2017, which was retired from the said workplace as the labor from July 17, 2013 to January 2, 2018.

(b) An employer shall pay a retirement allowance within 14 days from the date of his retirement, when the reason for payment of the retirement allowance occurs, when the employee retires;

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

Nevertheless, the defendant did not pay 9,410,581 won of F's retirement pay, which was retired from the above place of business from July 17, 2013 to January 2, 2018, within 14 days from the date of retirement without an agreement between the parties to the extension of payment deadline.

2. Determination

(a) Applicable Act: 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-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 (1) of the Guarantee of Workers' Retirement Benefits Act;

C. After the prosecution of this case, a letter of withdrawal of a complaint containing the expression of intention not to punish victimized workers is withdrawn.

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