The prosecution of this case is dismissed.

1. The summary of the facts charged is a user who runs restaurant business with five regular employees, who are the C representative in Yongsan-gu Seoul Metropolitan Government and the second floor.

(a) An employer shall, if a worker retires, pay the retirement allowance within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 11,586,590 of D's retirement allowances, which was retired from the said workplace from August 6, 2011 to January 4, 2017, within 14 days from the date of the retirement, which is the date of the occurrence of the reasons for payment, without agreement between the parties on the extension of the payment period.

(b) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay 19,931,868 won in total, and 1,114,080 won in other money and valuables (annual allowances) as shown in the attached crime list, such as wages of 375,482 won on January 6, 2014 of D that retired from the said workplace as from August 6, 201 to January 4, 2017, within 14 days from the date of retirement, which is the date of the occurrence of the reasons for payment between the parties, without agreement on the extension of the payment period between the parties.

2. Determination

(a) Applicable law: Article 44 subparagraph 1 and Article 9 of the Guarantee of Retirement Benefits for Workers, Article 109 (1) and Article 36 of the Labor Standards Act;

(b) Crimes of non-violation of an intention: proviso to Article 44 of the Guarantee of Retirement Benefits for Workers, and Article 109 (2) of the Labor Standards Act.

C. On August 9, 2017, after the institution of the instant indictment, a written withdrawal of the petition stating that employee D does not want the Defendant’s punishment.

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;