The prosecution of this case is dismissed.

1. The summary of the facts charged in the instant case is the representative of C, a corporation with three commercial buildings located in Suwon-gu, Busan, and a user who runs an electronic equipment sales business using five full-time workers.

When an employee retires, an employer shall pay the wages and retirement allowances within 14 days from the date on which the cause for such payment occurred, unless the date is extended by an agreement between the parties concerned, in extenuating circumstances.

Nevertheless, the Defendant, while working in the company from June 1, 2012 to January 30, 2015, did not pay KRW 9,050,420, total amount of KRW 2,000 and retirement allowances of retired workers D, as well as KRW 7,050,420, total amount of KRW 9,050,420, within 14 days from the date on which the cause for payment occurred, without agreement between the parties on the extension of the payment period.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act. According to the records, the fact that the employee D withdraws his/her wish to punish the Defendant after the instant indictment. As such, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.