The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant is the representative director of the Gwangjin-gun (State) C in Yong-gun B, who ordinarily employs 30 full-time workers and operates a special container manufacturing business.

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or 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 did not pay the total amount of KRW 7,896,010 from December 24, 2014 to January 10, 2017 at the same place of business within 14 days from the date of retirement without agreement on the extension of the payment deadline.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

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

Nevertheless, the defendant did not pay KRW 5,353,916 of D's retirement pay that was retired from the above workplace within 14 days from the date of retirement without any agreement on the extension of the payment deadline.

2. Determination:

(a) Crimes of non-criminal punishment: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

(b) Submission of a written withdrawal of a petition containing the intent that D would not punish the accused after prosecution;

(c) Judgment dismissing a public prosecution: Article 327 subparag. 6 of the Criminal Procedure Act;