Each of the instant public prosecutions is dismissed.

The Defendant, as the representative of the Seoul Autonomous Management Committee of Gwangju Northern-gu, is an employer who runs multi-family housing management business using two full-time workers.

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 14 days after the cause for such payment occurred;

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay 42,749,490 won in total, as indicated in the list of crimes in the attached Form, as well as 42,749,040 won on September 1, 2014, retired from the said workplace from September 16, 2017, as well as 42,749,490 won in total, as indicated in the list of crimes in the attached Table, within 14 days from the date of retirement without any agreement on the extension of payment period between the parties.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 7,658,550 of D's retirement pay that he retired from the above workplace as described in paragraph 1 within 14 days from the date of retirement without agreement between the parties.

Judgment

Each of the above facts charged is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the employee’s explicit intent pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, it can be acknowledged that the employee D withdraws his/her wish to punish the Defendant after the institution of the instant indictment. Thus, each of the instant charges is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.