The prosecution of this case is dismissed.

1. In the facts charged, the Defendant is the representative of the Defendant, at the time of racing, who ordinarily employs approximately five full-time workers and operates the manufacturing industry.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and 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 KRW 1,392,00 of the annual leave allowance for the year 2013 that was not paid by the said workplace on August 14, 2015 within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

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

Nevertheless, the Defendant did not pay KRW 1,206,80 of D's retirement pay retired on August 14, 2015 at the same place of business within 14 days from the date of retirement without agreement between the parties on the extension of payment deadline.

2. Determination

A. Article 109(1) and Article 36 of the Labor Standards Act; main text of Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

(b) 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;

C. After the prosecution of this case, the injured party expressed his intention to punish the Defendant.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act