The prosecution of this case is dismissed.

1. The summary of the facts charged is an employer who had been engaged in the automobile parts manufacturing business by employing six full-time workers in Gwangju Mine-gu B.

When a worker retires, the employer shall pay the retirement allowance within fourteen 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, from April 7, 201 to October 17, 2013, had worked in the said workplace and had been employed in the said workplace from April 7, 2011 to October 17, 2013, did not pay 6,885,299 won in total for two retirement allowances of retired workers as stated in the attached crime list (the details of delayed payment).

(b) When a worker 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 the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant had worked for the said workplace from April 7, 201 to October 17, 2013 and paid 1,705,360 won in total to two retired workers as stated in the attached crime list (the details of delayed payments), including KRW 856,350,000, as well as the money and valuables of 856,360,000 from the date of retirement, without any agreement on the extension of the due date between the parties.

2. The determination is based on the case that falls 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, 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. According to the record, the victimized workers submitted a written agreement, etc. on October 13, 2014, which was after the instant indictment.