All of the prosecutions of this case are dismissed.

1. The Defendant is the actual user of C, a company located in the fourth floor of Gangnam-gu Seoul Metropolitan Government, who runs a manufacturing business with ten regular workers.

The Defendant, while working for the foregoing company from April 1, 2018 to July 31, 2018, was retired from office as an employee, and the Defendant did not pay KRW 100,63,815, in total, five workers indicated in the attached crime list, including KRW 24,809,652, as well as KRW 100,63,815, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act;

(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.

C. On June 14, 2019, after the institution of public prosecution, the “agreement and a written confirmation of non-conformity with punishment” of workers E, F, workers G on June 24, 2019, workers H and D on July 11, 2019.

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