The prosecution of this case is dismissed.

1. The summary of the facts charged is the representative of C in Namyang-si, Namyang-si, who runs wholesale and retail business by ordinarily employing one worker.

When a worker retires, the employer shall pay all money and valuables, such as wages, within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by the agreement between the parties if special circumstances exist.

Nevertheless,

A. The Defendant did not pay KRW D’s wages of KRW 4,00,000 from October 1, 2015 to June 30, 2018 at the same place of business within 14 days from the date of retirement without agreement between the parties on the extension of the due date for payment of money and valuables.

B. The Defendant did not pay KRW 10,881,831 of D retirement pay from October 1, 2015 to June 30, 2018 at the same place of business within 14 days from the date of retirement, without agreement between the parties on the extension of the due date for payment of money and valuables.

2. Determination is an offense falling under Article 44 subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act, Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s express intent under the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act, Article 109(2) of the Labor Standards Act.

According to the agreement bound in the records, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on October 8, 2018, which was after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.