All of the prosecutions of this case are dismissed.

1. In the facts charged, the Defendant is the C representative in C, who had been engaged in the manufacturing industry with three full-time workers.

(a) If an employee in arrear of the Labor Standards Act retires, the employer shall pay the employee wages, compensations, and all other money and valuables within 14 days from the date on which the ground for such payment occurred;

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

Nevertheless, the Defendant did not pay the total of KRW 6,250,000 as wages of KRW 1,00,000 on February 1, 2016, which had worked from May 12, 2014 to April 30, 2016 at the above workplace (Korean nationality Vietnam), and KRW 2,550,000 on March 2, 2016, and KRW 2,70,000 on April 2, 2016, as wages of KRW 2,70,00 on April 2, 2016, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

(b) If an employee in arrears violates the Guarantee of Retirement Benefits of an employee retires, the employer shall pay the employee a retirement allowance within 14 days from the date on which the ground for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 5,095,890 of D retirement pay from May 12, 2014 to April 30, 2016 at the same place of business within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and the labor standards Act, Article 109(2) of the Workers’ Retirement Benefit Security Act, and the proviso to Article 44 of the Workers’ Retirement Benefit Security Act are not prosecuted against the victim’s clearly expressed intent.

According to the records, the worker D submitted a written agreement that contains an intention not to have the defendant punished after the prosecution of this case (at the time, the above worker D agreed to do so).