The prosecution of this case is dismissed.

1. The Defendant is operating a construction business chain C in Songpa-gu Seoul with three full-time workers.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay all money and valuables, such as wages, within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant had worked from January 1, 2016 to October 20, 2017 and retired from office, and had not paid KRW 51,435,622 in total for three workers within 14 days from the date of the occurrence of the cause for payment without agreement on the extension of the due date between the parties, as shown in the list of crimes in the attached Table, including KRW 1,177,760 as well as KRW 51,435,62 for three workers.

B. An employer in violation of the Guarantee of Workers' Retirement Benefits Act, when a worker retires, has paid retirement allowances within 14 days from the date when the cause for such payment occurred, but the Defendant, while working from January 1, 2016 to October 20, 2017, did not pay KRW 5,152,092 of the D's retirement allowances within 14 days from the date when the cause for such payment occurred, without agreement between the parties to the extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Articles 109(1) and 36 of the Labor Standards Act, and subparagraphs 1 and 9 of Article 44 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. A written agreement including the expression of intention not to punish victimized workers after the prosecution of this case is filed.

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