All of the prosecutions of this case are dismissed.

1. The Defendant is a representative of Seongdong-gu Seoul Metropolitan Government building B and C, located in the fourth floor, who runs wholesale and retail business by making four regular workers. A.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, at the foregoing place of business, worked from November 1, 2015 to January 9, 2018 and retired from the said place of business, did not pay KRW 3,250,000 in total, including KRW 2,50,000 in December 2017, and KRW 750,000 in January 2018, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

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

Nevertheless, the Defendant, while working in the foregoing workplace from November 1, 2015 to January 9, 2018, did not pay KRW 5,367,03 of D retirement pay within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

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. Submission of a written application for punishment not to punish the defendant after the prosecution of this case

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