The prosecution of this case is dismissed.

The Defendant is the employer who operates agricultural crops cultivation business by employing 13 full-time workers as the representative of the “D” and “E” in the Innju City.

1. 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 fourteen days after the cause occurs;

Nevertheless, the defendant worked in the above workplace from August 24, 2013 to August 11, 2016 at the above workplace and did not pay 38,151,910 won in total for three workers within 14 days from the date of retirement, as shown in the list of crimes in attached Table, as well as 137,800 won on September 9, 2013 to retired workers F.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires.

Nevertheless, the Defendant had worked in the said workplace from August 24, 2013 to August 11, 2016 at the same workplace, and had not paid 3,280,505 won in total, including 1,718,355 won of retirement allowances, to retired workers F, within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties concerned, as shown in the list of crimes in the attached Table.

The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Article 44 subparag. 1 of the Workers’ Retirement Benefit Guarantee Act, and cannot be prosecuted against the express intent of the victims. According to the records, the victims can be acknowledged as having withdrawn their wish to punish the Defendant on April 20, 2017, which was after the victims were prosecuted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.