The Defendant shall work at the relevant workplace from July 11, 201 to September 19, 2012.

A retired worker D's total amount of wages of 1,031,396 won on August 2012, 2012, including 1,109,380 won on September 2012, 2012, and retirement allowance of 2,140,776 won, and retirement allowance of 2,358,978 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. Article 109(2) of the Labor Standards Act provides that an employer may not prosecute a worker against his/her explicit intent if the employer fails to pay any money or valuables, such as wages, within 14 days after his/her retirement.

The proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act provides that if an employer fails to pay a retirement allowance, a public prosecution may not be instituted against the explicit will of the victim.

However, according to the records, it can be acknowledged that D expresses his/her intention that he/she does not want the punishment of the defendant after institution of the instant prosecution.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.