The prosecution of this case is dismissed.

1. The Defendant is a representative director of Songpa-gu Seoul Metropolitan Government C (ju) who runs software development 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 June 25, 2013 to February 29, 2016, and had not paid KRW 8,445,323 in total as wages of retired workers D within 14 days from the date of retirement, as shown in the list of crimes in the attached Table, and did not pay KRW 43,269,287 in total for five workers within 14 days from the date of retirement, respectively.

(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 6,638,560 of the said employee D’s retirement allowance within 14 days from the date of retirement, and did not pay KRW 33,246,100 in total for five employees as shown in the list of crimes in the attached Form.

2. Determination

(a) Crimes of non-violation of will (proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act, Article 109 (2) of the Labor Standards Act);

B. Following the instant indictment, each employee submitted on August 18, 2016 expressed his/her intention not to punish him/her.

C. Judgment dismissing public prosecution (Article 327 subparag. 6 of the Criminal Procedure Act)