The prosecution of this case is dismissed.

1. The summary of the facts charged is the representative director of the Geumcheon-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., who runs a construction business using three full-time workers.

(a) When a worker dies or retires, an employer violating the Labor Standards Act shall pay him/her wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 3,096,230, in total, KRW 1,763,920 on January 1, 2018, and KRW 1,332,310 on January 6, 2009 to January 7, 2018 of E, who worked in the said workplace from April 1, 2014 to January 7, 2018, within 14 days from the date on which the cause for payment occurred, without a consent of the parties to the extension of the payment date.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

Nevertheless, the Defendant did not pay KRW 28,592,661 in total, including KRW 10,969,01, and KRW 17,623,650, and KRW 17,650,00 in E’s retirement allowance under Paragraph 1, within 14 days from the date of the occurrence of the cause for payment.

2. Determination:

(a) Applicable Act: 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-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

C. According to the grounds for revoking each complaint submitted by the Defendant to this Court on September 17, 2018 and the grounds for non-guilty punishment, workers D and E have withdrawn their wish to punish the Defendant.

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