The prosecution of this case is dismissed.

The summary of the facts charged is that the defendant is a user who runs a construction business with two full-time workers in the Gyeonggi-gu Group B (State) located in Gyeonggi-gu.

1. The Defendant violated the Labor Standards Act: (a) on September 1, 2013 to November 4, 2014, the amount of KRW 1,490,000, monthly wage of KRW 3,500,000 during the 13-month period from October 2013 to October 2014; and (b) on November 4, 2014, the Defendant did not pay KRW 47,450,000, monthly wage of KRW 460,000 within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of the payment date.

2. The Defendant violated the Act on the Guarantee of Retirement Benefits of Workers did not pay KRW 4,033,649 of the retirement allowances of the aforementioned D, which he/she retired while working for the period from September 1, 2013 to November 4, 2014, within 14 days from the date of retirement, although there was no agreement between the parties on the extension of the payment deadline.

Reasons for dismissing public prosecution

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

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

3. Declaration of intention not to punish a person: A letter of withdrawal of a complaint filed on March 12, 2018;

4. Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;