Each of the instant public prosecutions is dismissed.

1. The Defendant, as the representative of the Daegu Suwon-gu Building B, 209 building B, is an employer who runs a housing construction business using two 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;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay 1,483,870 won in total as well as 2,00,000 won in July 24, 2016 of the wages of 200,000 won retired from the said workplace on December 24, 2016 at the same workplace without agreement between the parties on the extension of payment deadline, as shown in the list of crimes in the attached Form.

(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;

Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the defendant did not pay 7,954,350 won of retirement allowance of retired workers D on December 24, 2016 at the above workplace without agreement between the parties on the extension of the payment date.

2. Determination

(a) Applicable Act: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers' Retirement Benefits Guarantee Act;

(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. The expression of non-existence of punishment: The statement of "agreement and withdrawal of complaint" in the preparation of worker D, stating the defendant's expression of non-existence of punishment after the prosecution of this case, is submitted.

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