The prosecution of this case is dismissed.

1. The Defendant is a business owner of the KOsan-si Co., Ltd. in the charge of the electrical construction business, who operates the electricity construction business.

Defendant D’s retirement allowance of KRW 2,400,00 and retirement allowance of KRW 7,400,000 from November 1, 2015 to November 30, 2017 were not paid within 14 days from the date of retirement without agreement between the parties on the extension of payment period.

2. Determination

(a) Applicable legal provisions: 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-criminal punishment: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

C. D’s written agreement stating the intent to not punish the Defendant is submitted to this Court.

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