All of the prosecutions of this case are dismissed.

1. The Defendant is an employer who is the D representative in Dongdaemun-gu Seoul Metropolitan Government Section 2 Building C and runs online clothing sales business using two regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and 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 worked as a person in charge of accounting affairs from October 1, 2009 to July 31, 2017 at the above place of business, and did not pay 4,50,000 won in total, including 1,500,000 won in wages, and 1,500,000 won in wages on June 2017, 2017, and 1,500,000 won in wages on July 1, 2017, without an agreement between the parties on the extension of the due date.

(b) An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant worked in the above workplace as a person in charge of accounting affairs from October 1, 2009 to July 31, 2017, and did not pay KRW 11,501,935 of the retirement pay of E retired retirement pay within 14 days from the date on which the cause for payment occurred, without agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are the crimes falling under Article 109(1) of the Labor Standards Act, Article 109(2) of the Labor Standards Act, and Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent under Article 44 of the Guarantee of Workers

However, according to the statement on the withdrawal of a complaint submitted to this court on September 10, 2018, it is clear that the victim employee expressed his/her wish not to punish the defendant, so the Criminal Procedure Act is the same.