All of the prosecutions of this case are dismissed.

1. The Defendant, as the representative of the Bank of Korea Co., Ltd. in Namyang-si, is an employer who operates a main equipment manufacturing business using ten full-time workers.

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, from October 1, 2013 to September 30, 2014, the Defendant did not pay KRW 1,562,833 of D’s wages on December 1, 2014, and KRW 2,129,446 of September 2014, without any agreement between the parties on the extension of the payment date.

(b) An employer who violates the Act on Guarantee of Retirement Benefits of Workers shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in cases where the worker retires;

Nevertheless, from October 1, 2013 to September 30, 2014, the Defendant did not pay KRW 2,142,185 of D retirement pay provided by the said workplace within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

2. Determination

(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. On December 23, 2016, after the institution of the instant public prosecution, submission by workers D of a letter of withdrawal clearly stating his intention not to punish.

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