The prosecution of this case is dismissed.

1. The Defendant is the representative of the incorporated association C in Jongno-gu Seoul Metropolitan Government B and fourth floors, who has run a performance planning business using one full-time employee.

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

Nevertheless, the Defendant is working in the above workplace from June 11, 2013 to January 31, 2018.

Wages 24,960,590 won [the wage of 960,590 won on May 2017, the wage of 2017, the wage of 24,000,000 won (3,00,000 won x 8 months x 8 months)] and retirement allowances of 13,636,690 won] and retirement allowances of 24,960,590 won (the wage of 960,590 won on June 2017, or the wage of 24,000,000 won x 8 months)

2. Determination

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

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

C. On May 17, 2019, after the institution of public prosecution, a written agreement stating the purport of employee D’s exemption from punishment is submitted.

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