The prosecution of this case is dismissed.

The defendant in the factory room is a manager who operates C Co., Ltd. in both weeks, and ordinarily employs four workers and operates gas filling business for vehicles.

1. An employer shall pay wages for not more than 14 days, unless otherwise agreed by the parties concerned, in extenuating circumstances from the time when the cause for such payment occurred, if a worker retires;

Nevertheless, the Defendant did not pay KRW 9.53,904 of April 10, 2016, the wage of KRW 1.7 million in August 2016, the total amount of KRW 3,050,570,00 from the date of his/her retirement, which was worked from July 10, 2015 to September 7, 2016, and total of KRW 3,050,570 from the date of his/her retirement.

2. An employer shall, where a worker retires, pay him/her a retirement allowance within 14 days, unless agreed by the parties concerned, in extenuating circumstances from the time when the grounds for such payment occurred.

Nevertheless, the defendant did not pay 1,787,130 won of the retirement allowance of workers D who worked in the above workplace as set forth in paragraph (1) within 14 days from the date of retirement.

However, the case is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the records, it is recognized that the victim D expressed his wish not to punish the defendant after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.