All of the prosecutions of this case are dismissed.

1. The summary of the facts charged is an employer who employs 27 full-time workers and engages in food service by running D in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si.

(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;

The Defendant did not pay the total of KRW 4,787,100,00 among workers E who worked in the said workplace from November 24, 2014 to March 14, 2015, within 14 days from the date of retirement, and did not pay KRW 122,649,567, total of wages of 23 workers who worked in the said workplace, as shown in the list of crimes in the attached Table, within 14 days from the date of retirement without extending the due date by agreement between the parties.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

The Defendant did not pay 2,867,720 won of F’s retirement allowance of 2,867,720 of workers employed in the said workplace from January 21, 2014 to February 15, 2015 within 14 days from the date of retirement and did not pay the total of 32,006,970 won of retirement allowance of 13 workers employed in the said workplace, as shown in the list of crimes in the attached Table, within 14 days from the date of retirement without any extension by an agreement between the parties.

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) Expression of intention not to punish: Each written agreement submitted on January 29, 2016, which was after the institution of public prosecution of this case.

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