The prosecution of this case is dismissed.

1. The Defendant is the representative of Section B in the facts charged and the employer who runs a manufacturing business using seven full-time workers. A.

When a worker dies or retires, an employer in violation of the Labor Standards Act 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, at the above workplace from August 1, 201 to August 22, 2015, had been employed in the above workplace and had retired workers D wages of KRW 5,000,000, and had not paid KRW 101,980,640 as well as KRW 101,98,640 for the total wages of six workers within 14 days from each retirement date without agreement on the extension of the payment date between the parties.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause 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, at the above workplace from June 1, 2012 to August 21, 2015, did not pay the total of KRW 45,520,390 as well as KRW 6,303,750 of retirement allowances of retired workers E, as shown in the list of crimes in the attached Table, within 14 days from the date of each retirement without any agreement on extension of the due date between the parties.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, and both of them cannot be punished against the victim’s express intent under Article 109(2) of the Labor Standards Act and the latter part of Article 44 of the Act on

However, according to the agreement submitted by the defendant after the prosecution and the certificate of personal seal impression of the victims.