The prosecution of this case is dismissed.

1. The Defendant, as the representative of the Bank of Korea, in the Gyeongdong-gun B, is an employer who operates the machinery manufacturing business by employing five full-time workers.

1. When a worker dies or retires, the employer shall pay him/her wages, compensations for accidents, 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 worked from August 12, 2013 to June 30, 2015 and retired from office D’s wages of 1,800,000 won on April 4, 2015, and wages of 2,800,000 won on May 5, 2015, and wages of 2,80,800,000 won on June 6, 2015, did not pay KRW 7,40,000 within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

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

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

Nevertheless, the Defendant worked from August 12, 2013 to June 30, 2015 and did not pay KRW 5,219,810 of D retirement pay within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties.

2. Of the facts charged in the instant case, a violation of the Labor Standards Act is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act. A violation of the Act on the Guarantee of Workers’ Retirement Benefits is a crime falling under Article 44 subparag. 1 and Article 9 of the same Act and cannot be prosecuted against the victim’s express intent under the proviso to Article 44 of the same Act.

However, according to the records of this case, the victim shall be punished against the defendant on February 12, 2016, which was after the prosecution of this case was instituted.