The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant, as a manager of (ju)C in Yangyang-si, is an employer who ordinarily employs fifteen workers and operates design, supervision, electrical construction business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, as well as D’s wage of KRW 3,016,00 in February 1, 2016, who worked from April 1, 2015 to March 31, 2016 at the above workplace, did not pay KRW 28,230,300 in total for four employees, as shown in the attached Form, within 14 days from the date of retirement, without agreement on extension of the due date for payment of money between the parties concerned.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant did not pay the total amount of KRW 97,29,469, and KRW 469, as well as KRW 1,849,868 of E’s retirement allowances, which worked from September 1, 2013 to April 30, 2015 at the above workplace, within 14 days from the date of retirement without any agreement on extension of the due date for payment of money and valuables between the parties.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 (1) and 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-performance of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

(c) Declaration of non-declaration of punishment: Submission of each letter of withdrawal on October 25, 2016 that the damaged workers shall not want the punishment against the defendant.

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