The prosecution of this case is dismissed.

1. The Defendant, as the representative director of the Seoul Special Metropolitan City Gwangjin-gu Building 501, is an employer who employs 30 full-time workers and operates a communications business.

(a) An employer shall, if a worker retires, pay the wages, compensations, and any other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay 8,646,027 won in total, including 3,100,000 won in December 2013, 2014, and 3,100,000 won in January 2014, and 2,446,027 won in February 2, 2014, within 14 days from the date of retirement, to D workers who retired from the said workplace who worked from the said workplace from August 1, 2012 to February 28, 2014, without an agreement between the parties on the extension of the payment period between them.

(b) Where an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay the retirement allowance of KRW 4,55,942 to D, who was employed from August 1, 2012 to February 28, 2014 at the said workplace, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

2. Determination

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

B. The expression of intent not to punish D on November 6, 2015, which was submitted after the instant indictment was instituted.

C. Judgment dismissing public prosecution (Article 327 subparag. 6 of the Criminal Procedure Act)