The prosecution of this case is dismissed.

The summary of the facts charged is that the defendant is a person in charge of business management who ordinarily employs 11 workers and operates food manufacturing business as a manager of the office of the (ju)C in Yangsan-si, Yangyang-si.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all 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 did not pay KRW 1,00,000 in May 1, 2020 as wages of KRW 1,00,000 from the above company to the management department from November 1, 2018 to May 31, 2020, without an agreement between the parties on the extension of the payment deadline, within 14 days from the date of his retirement, which is the date of the occurrence of the cause for the payment.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

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

Nevertheless, the Defendant did not pay KRW 5,52,077, as stated in the preceding paragraph, within 14 days from the date of retirement on which the cause for payment occurred, without any agreement between the parties on the extension of the payment deadline.

2. The judgment of this case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act, and it can be acknowledged that the victimized person expressed his/her intent not to have the victimized person punished against the Defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.