The prosecution of this case is dismissed.

1. The summary of the facts charged is a representative of the Seoul Special Metropolitan City Gwangjin-gu, who operates a franchise business.

(a) An employer in violation of the Labor Standards Act shall, if a worker retires, pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant had worked in the above workplace from May 15, 2014 to December 16, 2015, and had not paid KRW 895,772 of the retired workers D wages within 14 days from the date of retirement, as shown in the list of crimes in the attached Table, and did not pay KRW 6,288,752 in total for three workers within 14 days from the date of retirement, as shown in the list of crimes in the attached Table.

(b) An employer who violates the Act on 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 KRW 3,048,270 of the retirement allowance of the above worker D within 14 days from the date of his retirement.

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 of the Guarantee of Workers' Retirement Benefits Act;

C. Unwritten expression of intention to punish: The victims shall submit an unwritten request for punishment after the prosecution of the instant case was instituted.

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