The prosecution of this case is dismissed.

Punishment of the crime

1. The summary of the facts charged is a person who is an actual manager of the Nam-gu Incheon Metropolitan Government B 1504 (State)C, and runs a wholesale and retail business of medical appliances using four full-time workers.

When a worker retires, an employer shall pay the wages, compensations, retirement allowances, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant had worked from April 1, 2016 to August 31, 2017 at the said workplace and had retired from the said workplace as well as KRW 11,449,297 and retirement allowances of KRW 4,048,404, including three retired workers, and KRW 10,857,052,052, including the total sum of three retired workers’ wages, as indicated in the attached crime list, did not pay them within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

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 Guarantee of Retirement Benefits for Workers;

(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) Submission of each complaint in which D, E, and F, an employee, wishes not to prosecute the accused after institution of the instant prosecution.

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