The prosecution of this case is dismissed.

1. The Defendant, as a representative of the D cafeteria in Jeju, is an employer who runs a restaurant using seven full-time workers.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and 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 6,476,038 won within 14 days from the date of retirement without agreement on the extension of the payment date between the parties, in combination with E’s retirement pay of 320,690 won, bonuses of 775,000 won, annual allowances of 1,259,280 won, retirement allowances of 4,121,068 won, and money and valuables, from September 4, 2013 to February 10, 2016.

2. The facts charged of the instant case cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(1) and Article 36 of the Labor Standards Act, or Article 44 Subparag. 1 and Article 9 of the Workers’ Retirement Benefit Security Act, and Article 109(2) of the Labor Standards Act, or the proviso to Article 44 of the Workers’ Retirement Benefit Security Act.

In such a case, the victim expressed his/her intention not to be punished against the defendant on February 5, 2018, which was after the prosecution of this case, and thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.