All of the prosecutions of this case are dismissed.

1. The summary of the facts charged is that the Defendant is the actual representative of C private teaching institutes located in Gu and Si/Gun/Gu, who operates a private teaching institute with five full-time workers.

1. When an employee in violation of the Labor Standards Act dies or retires, the employer shall pay him/her wages, compensations, or other money or valuables within fourteen days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 5,500,000 in total, including KRW 5,500,000 in June 201, 2016, and KRW 2,500,000 in September 2016, and KRW 5,500,00 in October 2016, as shown in the list of crimes in the attached Table, for three retired workers, within 14 days from the date of retirement without agreement between the parties to the extension of the payment date, as well as the amount of KRW 18,40,00 in total, for three retired workers, as in the list of crimes in the attached Table.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 35,19,967 of the retirement allowances of three retired workers, including KRW 5,963,370, which was retired on November 1, 2016 at the above workplace, within 14 days from the date of retirement without agreement between the parties to the extension of payment deadline, as shown in the list of crimes in the attached Form.

2. Of the facts charged in the instant case, the fact that wages are unpaid is an offense falling under Article 109(1) and Article 36 of the Labor Standards Act, and the fact that retirement allowances are unpaid is an offense falling under Article 44 subparag. 1 and Article 9 of the Workers’ Retirement Benefits Guarantee Act.

According to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits, each of the above crimes is different from the victim's explicit intent.