All prosecutions against the defendant are dismissed.

The summary of the facts charged is that the Defendant is the representative of “C” in B, who runs the original processing business using three full-time workers. A.

When a worker dies or retires, the employer shall pay the wages, compensations, and 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, at the foregoing workplace, worked from August 4, 201 to March 31, 2014, and retired from the workplace, did not pay 19,146,180 won in total for three workers within 14 days from the date of retirement, as shown in the attached Table “crime List”, as well as the amount of KRW 2,089,50 in December 2013.

(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 of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the above workplace from August 4, 201 to March 31, 2014, did not pay KRW 6,548,118 as well as KRW 4,083,98 of retirement allowances of D who worked and retired from the above workplace within 14 days from the date of retirement without agreement between the parties on the extension of the due date for payment.

Judgment

Each of the facts charged in the instant case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. The victims withdrawn their intent to punish the Defendant on November 10, 2014, after the instant indictment. As such, Article 327 of the Criminal Procedure Act applies.