The prosecution of this case is dismissed.

1. The Defendant in the facts charged is the representative director of D Co., Ltd. in Gangnam-gu Seoul Metropolitan Government building C, who runs a construction business using ten full-time workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and 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, from August 11, 2018 to December 15, 2018, the Defendant is working at the construction site of Guro-gu Seoul Metropolitan Government E-House.

As stated in the attached list of crimes, the retired F's total sum of KRW 2,160,00,000 for the monthly wage of 1,080,000 for December 2018, as well as KRW 46,46,074 for the total of KRW 36,260,00 for retirement allowances of 12 retired workers and KRW 10,206,074 for retirement allowances of 10,206,074 for 14 days from the date of retirement, as shown in the attached list of crimes.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, main sentence of Article 44 and Article 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) Reasons for dismissing the public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act (Indication of the intention not to punish workers).