The prosecution of this case is dismissed.

1. The summary of the facts charged is an employer who runs an insurance service business by making use of five full-time workers while serving as a representative director of the DD in the Busan Seo-gu C and the 9th floor.

When an employee retires, an employer shall pay the wages, compensations, retirement allowances, and other money or valuables within 14 days after the cause for such payment occurred.

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

Nevertheless, from January 2, 2013 to May 31, 2017, the Defendant, while serving as an office worker in D, did not pay KRW 20,532,683 within 14 days from the date of retirement, which is the date on which the cause for payment occurred, to E, as total of KRW 3,250,00 in April 2017, and KRW 14,03 in May 2017, including retirement allowances of KRW 14,032,683 in April 3, 2017.

2. Determination

(a) Applicable legal provisions: Article 109(1) and Article 36 of the Labor Standards Act (which refers to the payment of wages, etc.), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which refers to the payment of unpaid wages);

(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. Non-prosecution of punishment: On July 11, 2018, after the instant indictment was instituted, a letter of withdrawal indicating the victim’s intention not to punish the victim.

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