The prosecution of this case is dismissed.

1. The Defendant, as the representative C in Busan High-gu B, is an employer who runs the automobile maintenance business using four regular workers.

When a worker retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant worked as the head of the Do account book from August 26, 2013 to March 31, 2015, and did not pay KRW 1,00,000 on February 2, 2015 of retired D-, wages of 3,257,120 won, annual settlement refund for 200,000 won, retirement pay of 5,202,467 won, totaling KRW 9,659,587, and totaling KRW 9,659,587 from October 28, 2010 to January 31, 2015, and paid KRW 1,300,000,7651,874 won, totaling 84,851,8749, etc. of retired E’s retirement without agreement between the parties concerned.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

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

(c) Declaration of non-declaration of punishment: Each legal statement of witness D and E;

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