The prosecution of this case is dismissed.

1. The gist of the facts charged is that the Defendant is the representative of the convenience store in the Namdong-gu Incheon Metropolitan City, who runs retail business using three full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and 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 had worked from February 26, 2014 to April 14, 2016 at the above workplace, and had not paid the total of KRW 4,712,720 of the weekly holiday allowances, such as KRW 166,720, as stated in the attached Form, including the weekly holiday allowances of KRW 166,720 on March 2014.

2. The facts charged in the instant case are crimes falling under Article 109(1) of the Labor Standards Act, Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to the records of this case, the defendant's written agreement was submitted to the purport that the defendant does not want to be punished to this court on December 21, 2016, which was after the institution of public prosecution. Thus, the public prosecution of this case is dismissed pursuant to Article 327 (6) of the Criminal Procedure Act.