The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant, as a manager of D in the Seo-gu Daejeon, Seo-gu, Daejeon, A, five and six floors, is an employer who ordinarily employs nine workers and operates food business.

When a worker dies or retires, the employer shall pay all money and valuables, such as wages, 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 is working from January 1, 2006 to January 18, 2013 at the above workplace.

The retired E’s wages of KRW 2,320,00 in November 201, and KRW 2,90,000 in December 201 through May 201, 201, respectively, and KRW 2,320,00 in June 201, and KRW 600,00 in November 201, and KRW 3,00,000 in December 201, and KRW 1,741,935 in December 27,381, and KRW 935 in total were not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the payment 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 an agreement between the parties in extenuating circumstances.

Nevertheless, the above employee E's retirement pay of KRW 20,704,288 was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. Determination

A. (1) Article 109(2) and Article 36(2) of the Labor Standards Act: (2) proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits and Article 9 of the same Act

B. On March 3, 2014, the victim after filing a public prosecution;

(c) Public prosecution dismissal: Article 327 subparagraph 6 of the Criminal Procedure Act;