The prosecution of this case is dismissed.

1. The summary of the facts charged is the user who operates a general restaurant with ten full-time workers as the representative director of Yongsan-gu Seoul Metropolitan Government, who is the representative director of the Seoul Yongsan-gu Seoul Metropolitan Government.

When a worker retires, the employer shall pay wages, compensations, and other money and valuables within 14 days from the date of his/her retirement.

Nevertheless, the Defendant did not pay KRW 30,528,659 in total amount of nine retired workers as well as KRW 3,120,000 in April 201, 201, which was worked in the said workplace from August 29, 201 to June 9, 2016 at the said workplace, within 14 days from the date of each retirement without agreement on the extension of the due date between the parties, as shown in the attached list of crimes.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen (14) days from the date of the retirement;

Nevertheless, the Defendant, as well as D retirement pay of KRW 8,372,120, who worked in the above workplace from August 29, 2011 to June 9, 2016, did not pay KRW 18,518,888 in total for six retired workers as shown in the attached list of crimes, within 14 days from each retirement date without any 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, and Articles 44 (1) and 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-performance of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

(c) Declaration of non-existence of punishment: Withdrawal of each petition filed on September 6, 2016, which was after the institution of this case was indicted.

(d) Judgment dismissing public prosecution: It is so decided as per Disposition for the reasons under Article 327 subparagraph 6 of the Criminal Procedure Act.