The prosecution of this case is dismissed.

1. The summary of the facts charged is as follows:

E The actual managers of E are seven full-time workers who engage in the manufacturing business.

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 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 12,252,960 won in total, including 11,191,680 won in the annual leave allowances, and 1,061,280 won in the attached Form, as well as 12,252,96,960 won in the above workplace from October 1, 2014 to September 30, 2016, without agreement on the extension of the payment period between the parties to the above workplace, within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

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

Nevertheless, the Defendant did not pay KRW 59,267,575, respectively, within 14 days from the date of retirement, as well as KRW 1,894,40,00 of F’s retirement allowances, which had worked in the said workplace from October 1, 2014 to September 30, 2016, as well as KRW 59,267,575, in total, for five employees, as the details of money and valuables in arrears in the attached Form.

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act cannot be prosecuted against the victim’s explicit intent under the proviso of Article 44 of the Workers’ Retirement Benefit Security Act.

In this case, after the institution of prosecution, this case.