The prosecution of this case is dismissed.

Punishment of the crime

1. The summary of the facts charged is that the Defendant, as the C representative director of Ansan-si Co., Ltd., B 214, is an employer who ordinarily employs five workers and engages in manufacturing business, such as skin processing.

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

Nevertheless, the Defendant did not pay the wages of KRW 11,562,180 from January 1, 2013 to June 30, 2015, and the wages of KRW 14,541,270 from January 17, 2011 to June 30, 2015, and KRW 26,103,450 from the date of retirement within 14 days from the date of retirement without an extension of the due date for payment 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;

Nevertheless, the Defendant did not pay the retirement allowances of KRW 16,658,990 in total of KRW 3,725,332 and KRW 12,93,658,990 in D’s retirement allowances within 14 days from the date of retirement without a mutual agreement between the parties on the date of payment extension.

2. The above facts charged are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and are not prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

In such a case, the victims withdrawn their wish to punish the defendant on October 17, 2017, which was after the prosecution of this case, and thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.