The prosecution of this case is dismissed.

1. The summary of the facts charged is the employer who has been engaged in real estate development business by making use of one full-time worker as the representative director of the Mayang-si C and 2nd floor located in the Namyang-si.

The Defendant, who retired from the said workplace from February 5, 2015 to February 10, 2016, did not pay total of KRW 39,150,620 for wages, including KRW 1,884,760 for Apr. 4, 2015, and KRW 35,910,00 for May 3, 2016 from January 2, 2016, and KRW 39,150,620 for wages, including KRW 1,375,860 for minutes of February 5, 2016, and KRW 39,150,620 for retirement allowances and KRW 3,967,420 for retirement allowances and KRW 420 for an extension of the payment period, within 14 days from the date of retirement without agreement.

2. Determination

(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act, the main sentence of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits;

(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) Submission of written agreements and written applications for non-compliance with punishment on January 23, 2017;

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