The prosecution of this case is dismissed.

The Defendant in the facts charged of this case is the representative director of the Co., Ltd. Co., Ltd., located in Gyeonggi-do, and is a user who runs wholesale and retail business using 100 full-time workers.

1. When a worker retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the defendant has worked from April 11, 2013 to May 25, 2017 within the E located in Seoan-gu, Seoan-gu, Western-si D.

Withdrawn F's wage of KRW 1,682,385 in May 2017, and KRW 26,602,465 in total, five workers, as shown in the attached list of crimes, have not been paid within 14 days from the date of retirement because there was no agreement between the parties on the extension of the due date.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

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

Nevertheless, the defendant is working during the period of service under the above 1.

The retirement allowance of retired workers, including 6,556,426 won, did not pay 25,545,669 won in total, among five employees, within 14 days from the date of retirement without any agreement between the parties on extension of the due date, as shown in the attached list of crimes.

However, the facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017) and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the instant case was prosecuted after the institution of the instant indictment.