The prosecution of this case is dismissed.

1. The Defendant, as the representative of the C Medical Center in Ansan-si, is an employer who runs a medical business using 230 full-time workers.

(a) When a worker dies or retires, an employer in violation of money or valuables shall pay him/her wages, compensations, or other money or valuables within fourteen days after the cause for such payment occurred;

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

Even so, Defendant D had worked from March 1, 2009 to March 31, 2015 at the above workplace, and had not paid 36,43,179 won in total as of February 2013, including 1,189,530 won for overtime work in February 2013, as shown in the list of crimes in the attached Table, without any agreement on the extension of the payment period between the parties.

(b) An employer who has violated the payment of a retirement allowance shall pay the 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.

However, on April 1, 2015, the Defendant did not pay D’s retirement allowance of KRW 1,198,683 (the difference between the average wage, including overtime work allowances, and the average wage, within 14 days from the date of retirement without agreement between the parties to the extension of payment period.

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefits Guarantee Act, and are not prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefits Guarantee Act.

According to the records, on December 20, 2016, after the indictment of this case was instituted, the injured party withdrawn his/her wish to punish the defendant. Thus, Article 327 subparagraph 6 of the Criminal Procedure Act is applicable.