The prosecution of this case is dismissed.

1. The summary of the facts charged in the instant case is the employer who employs three full-time workers as the representative director of C(State) in Kimhae-si, who is engaged in engineering service 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;

Nevertheless, the Defendant, while working in the said workplace from April 1, 2013 and retired on June 30, 2017, did not pay KRW 22,50,000 in total, and KRW 605,740 in the annual settlement refund from January 1, 2017 to June 30, 2017, within 14 days from the date of retirement, which is the date of payment, without agreement on the extension of the payment period between the parties.

(b) An employer who violates the Act on Guarantee of Retirement Benefits of Workers shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in cases where the worker retires;

Nevertheless, the Defendant, while working in the above workplace from April 1, 2013, did not pay KRW 15,769,983 of D's retirement pay retired on June 30, 2017 within 14 days from the date of retirement, which is the date of payment, without agreement between the parties on the extension of the date of payment.

2. The above facts charged are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, or Articles 44 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and are not prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act or the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

In such a case, the victim withdrawn his/her wish to punish the defendant on November 13, 2017, which was after the prosecution of this case, and thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.