The prosecution of this case is dismissed.

1. The Defendant is a user who engages in construction business using 13 full-time workers as the representative of the Kancheon-si Seoul Special Metropolitan City B. A.

(Article 36) An employer shall, when a worker dies or retires, pay the wages, compensations, and any 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 is working as an office worker from August 1, 2008 to July 31, 2016.

D's wages of 2,50,000 won in April 2016, 2016, wages of 2,500,000 won in May 2016, and wages of 2,50,000,000 won in June 2016, and wages of 2,50,000 won in July 2016, did not pay 10,000,000 won in total within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

(b) (Article 9 of the Guarantee of Workers' Retirement Benefits Act) An employer shall, in case where a worker retires, pay him a retirement allowance within fourteen days from the date when 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 is working as an office worker from August 1, 2008 to July 31, 2016.

The retirement allowance of 23,300,000 won was not paid respectively within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. Grounds for dismissing public prosecution;

(a) Crimes of non-compliance with an intention: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. On December 5, 2016, after the institution of public prosecution of this case, submission of a letter of revocation of criminal complaint in the name of the complainant who expressed his/her intention not to have the criminal defendant punished.

(c) Judgment dismissing public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act);