The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant is the actual manager of the C cafeteria located in Seodaemun-gu Seoul Metropolitan Government, who has been engaged in restaurant business by 10 full-time workers.

A. The Defendant in violation of the Labor Standards Act did not pay the total of KRW 18,100,000 to the six workers, as shown in the list of crimes in the attached Table, in the amount of wages of KRW 43,620,00 for each of the six workers, as stated in the list of crimes, without any agreement on extension of payment dates between the parties concerned.

B. The Defendant violated the Act on the Guarantee of Retirement Benefits of Workers did not pay KRW 3,410,511 to D retirement pay to seven workers as stated in the list of crimes in the attached Table, including the fact that he/she worked in the said workplace from June 10, 2015 to October 31, 2016, and did not pay KRW 21,95,751 to seven workers within 14 days from the date of retirement without any agreement on the extension of payment period between the parties concerned.

2. Determination and conclusion

(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. The victims submitted a written withdrawal of their complaint on June 23, 2017

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