The prosecution of this case is dismissed.

1. The Defendant, as the representative of the Daegu Suwon-gu, B and the fourth-story, is an employer who runs the wholesale, manufacturing, and construction business of computers and peripheral devices using 11 full-time workers.

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 of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 500,000 to retired workers D who worked in the above workplace from January 1, 2005 to April 30, 2019 within 14 days from the date of the above retirement without an agreement on the extension of the payment deadline.

(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 in special circumstances, the payment date may be extended according to the agreement between the parties.

Nevertheless, the Defendant did not pay KRW 38,064,165 of the retirement allowance of his retired employee D within 14 days from the date of retirement without an agreement on the extension of the payment date, when he worked in the said workplace from January 1, 2005 to April 30, 2019.

2. We examine the judgment. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, main text of Article 44 and Articles 9 of the Guarantee of Workers' Retirement Benefits Act, and Article 109(2) of the Labor Standards Act, and Article 44 of the Guarantee of Workers' Retirement Benefits Act cannot be prosecuted against the express will of the victimized employee.

On February 21, 2020, after the prosecution of this case, worker D expressed his wish not to punish the defendant.

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