The prosecution of this case is dismissed.

1. The summary of the facts charged in the instant case is the representative of the C Hospital in Seongdong-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), who ordinarily employs 20 workers and operates a medical business.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money and 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 works from February 29, 2008 to October 21, 2013.

D's wage of KRW 1,44,610 on October 2013 was not paid within 14 days from the date of retirement without any agreement on extension of the due date.

In addition, the Defendant did not pay the total of KRW 24,322,380 to 14 workers within 14 days from the date of each retirement without agreement on extension of the due date, as shown in the attached list 1 of the crimes committed.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act retires a worker, shall pay a retirement allowance within 14 days from the date when the grounds for such payment occurred; and

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

Nevertheless, the defendant works from February 29, 2008 to October 21, 2013.

The retirement allowance of 11,506,970 won is not paid as well as the retirement allowance of 16,074,098 won in total to 16 retirement workers, as described in the attached Table 2 of the Crimes List, was not paid within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. We examine the judgment. The facts charged in this case cannot be prosecuted against the victim's express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. The records of this case are as follows.