The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant, as a manager of the (Y)C, who is in Fagpo City B, engaged in wholesale and retail business using five full-time workers.

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

Nevertheless, from December 10, 2014 to September 30, 2016, the Defendant did not pay KRW 2,679,000 in total, including D’s wage of KRW 500,000 in December 2014, wage of KRW 400,00 in March, 2016, wage of KRW 1,379,00 in September, and wage of KRW 1,379,00 in September, without any agreement between the parties on the extension of the payment date.

(b) An employer who violates the Act on Guarantee of Retirement Benefits of Workers shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in cases where the worker retires;

Nevertheless, from December 10, 2014 to September 30, 2016, the Defendant did not pay KRW 3,751,000 of D retirement pay to his/her employee and retired from the said workplace within 14 days from the date of his/her retirement without an agreement on the extension of the payment deadline between the parties.

2. Determination

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

B. Indication of intention not to punish each employee after the prosecution of the instant case ( November 10, 2016)

(c) Grounds for a judgment dismissing a public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act);