The prosecution of this case is dismissed.

1. The Defendant is an employer who runs a manufacturing business of industrial machinery with three full-time workers employed in light of the facts charged in the indictment B.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 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 14,734,161 won, including 1,233,422 won in June 2016, as well as 1,233,422 won of retired workers C, who were employed by the said workplace from February 28, 2013 to August 31, 2016, within 14 days from the date of retirement without agreement between the parties to the extension of payment date, as shown in the list of crimes in the attached Table.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee 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 retirement allowances of KRW 6,363,983, as well as KRW 1,577,147 of retirement allowances of retired workers C from the said workplace from February 28, 2013 to August 31, 2016, 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. Determination

A. Article 109(1) and Article 36 of the Labor Standards Act; main text of Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

(b) Crimes of non-criminal punishment: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

C. After the prosecution of the instant case, the victims expressed their intention to punish the Defendant.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act