The prosecution of this case is dismissed.

1. The Defendant is a C representative in Seocho-gu Seoul Metropolitan Government, Seocho-gu and 1, who runs a service business using approximately one regular worker. A.

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

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

Nevertheless, the Defendant worked from November 28, 2014 to January 28, 2016, and did not pay KRW 1,400,000 to retired workers D's wages in January 2016 within 14 days from the date of his/her retirement without an agreement on the extension of the due date between the parties.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant worked from November 28, 2014 to January 28, 2016, and did not pay the retirement allowance of KRW 1,602,200 to retired workers D within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.

2. Determination

(a) Crimes of non-violation of will (Article 109(2) of the Labor Standards Act and proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act);

B. As stated in the above written confirmation (written confirmation of April 1, 2016 between the Defendant and his employee D) prior to the instant indictment, the phrase “D confirmed payment confirmation and withdrawn the case of accusation in civil and criminal complaint (Labor Agency),” and “A and D agreed upon the above matters, thereby signing and sealing on the written confirmation. I will no longer raise objection against this case later.”