The prosecution of this case is dismissed.

1. The Defendant was the representative of the Co., Ltd. Co., Ltd. in Jeju B, who ordinarily employs eight workers and operates a restaurant.

(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, the Defendant did not pay 25,235,160 won in total for five workers within 14 days from the date of retirement, which is the date of the occurrence of the cause of payment between the parties, as shown in the list of crimes attached hereto, as well as the total sum of KRW 9,222,180 of the wages of retired workers D, who worked in the above workplace from November 23, 2013 to November 30, 2016.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

Nevertheless, the Defendant did not pay 34,535,150 won, including the total sum of 10,469,960 won of retirement allowances of retired workers D, who worked in the above workplace from November 23, 2013 to November 30, 2016, within 14 days from the date of retirement, which is the date of the occurrence of the reasons for payment, without the agreement on the extension of the payment period between the parties, as shown in the list of crimes in the attached Table.

2. Determination

(a) Applicable legal provisions: Article 109(1) and Article 36 of the Labor Standards Act; Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers;

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

C. A written withdrawal of the employee’s petition, stating the Defendant’s intent not to punish the Defendant, is submitted (see, e, F, G, D, November 24, 2017).

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