The prosecution of this case is dismissed.

1. The summary of the facts charged is the defendant, as the representative of the ( Incorporated Association)C in the Gunsan City B, who ordinarily employs seven workers and operates a medical care center.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and 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.

Nevertheless, the defendant works in the workplace from January 11, 2013 to September 30, 2014.

D's wages of KRW 1,546,290 in September 2014 and annual paid leave allowances of KRW 670,060 in arrears, and KRW 2,216,350 in arrears, were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the defendant works in the workplace from January 11, 2013 to September 30, 2014.

The retirement allowance of 2,602,604 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. Since it is recognized that D submitted a written withdrawal of complaint with the Defendant on September 23, 2015 after the institution of the instant indictment, it is recognized that the written withdrawal of complaint was agreed with the Defendant on September 23, 2015, all of the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act