The prosecution of this case is dismissed.

1. The Defendant, as the representative director of the Bank of Korea Co., Ltd. in the Gangnam Sea, is an employer who operates a fishery products manufacturing business using two full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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 KRW 5,189,530 as wages of April 1, 2018 and KRW 389,530 as wages of April 2018 and KRW 800,189,530 as wages of May 1, 2018 or October 2018, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

(b) An employer shall, if a worker retires, pay the retirement allowance within fourteen 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 the amount of KRW D retirement pay of KRW 8,158,426, working at the said workplace from June 1, 2018 to October 31, 2018, within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

2. The instant case may not be prosecuted against the victim’s express will under Articles 109(1) and 36 of the Labor Standards Act, Articles 44(1) and 9 of the Guarantee of Workers’ Retirement Benefits Act, and Article 109(2) of the Labor Standards Act, and the proviso of Article 44(1) of the Guarantee of Workers’ Retirement Benefits Act.

According to the records of this case, it is recognized that the victim expressed his/her intent not to punish the defendant on October 30, 2020 after the institution of the prosecution of this case.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.