The prosecution of this case is dismissed.

1. In the facts charged, the Defendant is an employer who runs a brecing business using five full-time workers as a C manager of Goyang-gu Co., Ltd. in Goyang-gu B.

(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;

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

Nevertheless, the defendant employed from July 1, 2008 to June 19, 2016 at the above workplace and retired from the above workplace, the amount of KRW 872,00 in December 2015, the amount of KRW 1,430,00 in January 2016, the amount of KRW 1,430,00 in February 2016, the amount of KRW 416,00 in March 206, the amount of KRW 468,00 in April 20, the amount of KRW 468,00 in May 2016, and KRW 5,396,00 in total, including KRW 312,00 in June 312, 2016, and KRW 5,396,00 in March 39, 200 in relation to the extension of the period for retirement without agreement between the parties concerned.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

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

Nevertheless, the defendant employed from July 1, 2008 to June 19, 2016 at the above workplace and did not pay KRW 9,588,660 of D retirement pay within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

2. Each of the facts charged of the instant case is an offense 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 is not prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, after the instant prosecution was instituted, worker D on May 24, 2017.