Acquittal of the accused shall be acquitted.

1. The summary of the facts charged is that the defendant, as the representative of the non-Ycheon-gu Incheon Metropolitan City Dispute Resolution Co., Ltd., is an employer who operates the reciting manufacturing business using approximately six full-time workers. The defendant did not pay 53,714,945 won of total wages of two workers within 14 days from the date of retirement without justifiable grounds, such as an agreement on the extension of payment due date, etc., as shown in the attached Form, including E retirement pay 5,409,050 won, which had worked from November 9, 2001 to September 30, 2005.

2. The statutory penalty for the violation of the Labor Standards Act in this case is a imprisonment of not more than three years under Articles 109(1) and 36 of the Labor Standards Act or a fine not exceeding 20 million won. Article 3 of the Addenda of the Criminal Procedure Act and Article 249(1)5 of the former Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007) are three years.

The facts charged in this case are found to have been finally terminated at the expiration of 14 days from March 15, 2006, which is the last retirement date of workers, and the statute of limitations is in progress. According to the records of this case and the defendant's statement, the defendant did not depart from the Republic of Korea after May 26, 2006. However, it can be recognized that the prosecution of this case was instituted on March 30, 2012, which is obvious that the three years have passed from the prosecution of this case. Thus, the prosecution of this case was instituted after the lapse of three years from the date of crime, and since the statute of limitations has expired, the prosecution of this case is deemed to have been completed, and thus, the prosecution of this case shall be acquitted pursuant to Article 326 subparagraph 3 of the Criminal Procedure Act.