The prosecution of this case is dismissed.

Some of the facts charged were corrected.

The defendant is a representative director of Busan Jung-gu C Co., Ltd. located in Busan Jung-gu who runs a construction business using ten full-time workers.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, and 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 KRW 3,70,24,277 in total, KRW 26,125,416, retirement allowances, KRW 8,347,960 in total, and KRW 3,770,90 in total, and KRW 38,24,277,277 in total, as stated in the list of crimes in the attached Table, including KRW 3,566,67, and KRW 67 in December 12, 2015, retired from the Defendant’s employment at the same workplace from October 15, 2014 to October 17, 2016, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

Judgment

Each of the facts charged in the instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act (the fact that gold is not liquidated), Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (the fact that the retirement payment is unpaid), and is not prosecuted against the express will of each victim pursuant to Article 109(2) of the Labor Standards Act, and Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.

The record reveals that on January 11, 2018, after January 13, 2017, the prosecution of this case was instituted, the agreement and the statement of non-won of punishment, which stated the victim D's intent not to be punished, was submitted to this court.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since it constitutes a case in which a victim’s express intent not to prosecute a crime is expressed.