The prosecution of this case is dismissed.

1. The summary of the facts charged is the owner of convenience points in Gwanak-gu in Seoul Special Metropolitan City who ordinarily employs one worker and operates convenience points. A.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

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

Nevertheless, on February 29, 2020, the Defendant did not pay KRW 4,860,382 of D’s wages that retired from the said place of business within 14 days from the date of retirement without agreement between the parties to 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 the date of payment may be extended by agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from June 28, 2018 to February 28, 2020 at the above workplace.

2,918,933 of retirement allowances of retired D was not paid within 14 days from the date of occurrence of the cause for payment without any agreement between the parties to the extension of the due date.

2. The determination is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the withdrawal of a written complaint ( accusation) bound in the trial records of this case, the employee D withdraws his/her wish to punish the Defendant on July 30, 2020, which is the date of the instant indictment.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.