The prosecution of this case is dismissed.

1. The summary of the facts charged is the actual manager of the corporate office in Daegu Suwon-gu, and the defendant is the employer who runs the architectural design business by employing 110 full-time workers.

The Defendant was working at the Defendant’s workplace from April 20, 2015 to October 19, 2016, and did not pay KRW 3,546,624 of D’s retirement on November 2015, 2015, wages of KRW 3,484,874 of June 2016, wages of KRW 3,484,874 of July 2016, and wages of KRW 13,749,560 of wages of KRW 13,265,932 and retirement allowances of KRW 5,492,05 of October 2016 without agreement on the extension of the payment date.

2. Determination

(a) Applicable Act: 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-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

(c) Unwritten expression of intention to punish: Submission of a written application to punish D after the institution of the instant prosecution;

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