The prosecution of this case is dismissed.

1. The Defendant, as a representative of the Co., Ltd. with B and 5 Seoul Special Metropolitan City Nowon-gu, is an employer who runs a service business using 12 full-time workers.

When a worker 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 the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the foregoing workplace, worked from April 1, 2018 to April 30, 2019 and retired from the workplace, did not pay 28,403,439 won in total for five retired workers within 14 days from the date of each retirement, as stated in the attached crime list, as well as 3,137,459 won in March 2019.

(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 had worked from April 1, 2018 to April 30, 2019 at the above workplace and had retired D’s retirement pay of KRW 3,403,1191 as well as KRW 31,435,558, including KRW 31,435,558, respectively, within 14 days from the date of each retirement without any agreement between the parties on extension of the due date.

2. The charge of violating the Labor Standards Act among the facts charged in the instant case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. The charge of violating the Act on the Guarantee of Workers’ Retirement Benefits is a crime falling under Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act and may be prosecuted against the victim’s explicit intent under the proviso of