The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant, as an actual manager of the agricultural company D (owner) located in the former Go Chang-gun Co., Ltd., the Defendant is an employer who runs food manufacturing business by ordinarily employing 13 workers.

(a) An employer who violates the Labor Standards Act shall, if a worker dies or retires, pay the worker wages, compensations, and any other money or 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 did not pay KRW 10,20,000,000 from the date of retirement within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties concerned, as the monthly wage of KRW 2,50,000,000,000 for each of the four months from June 24, 2015 to October 31, 2016, retired from the said workplace as the Defendant had worked from June 24, 2015 to October 31, 2016.

(b) An employer who violates the guarantee of retirement benefits of a worker shall, if the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 2,972,975 of the retirement allowances of E retired from the said workplace from August 24, 2015 to October 31, 2016, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

2. The violation of the Labor Standards Act due to unpaid wages, and the violation of the Act on Guarantee of Workers’ Retirement Benefits due to unpaid retirement allowances cannot be prosecuted against the victim’s express intent (Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Workers’ Retirement Benefits Guarantee Act). Since the victim E after instituting a public prosecution expressed his/her intent not to be punished by the Defendant, the instant public prosecution is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.