The prosecution of this case is dismissed.

1. When a worker dies or retires, the employer of the facts charged shall pay him/her wages, compensations, or other money or 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.

The Defendant, as the C representative in Kimhae-si B, was an employer who runs the manufacturing business using three full-time workers, and was employed by the Defendant from July 24, 2013 to January 31, 2016 as the head of the department. D’s total sum of KRW 2,798,225 won in January 2016, retirement allowances, KRW 7,048,920 in retirement allowances, and KRW 9,847,145 in January 2016, was not paid within 14 days from the date on which the cause for payment occurred, without any agreement between the parties on the extension of the payment deadline.

2. The judgment is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act. According to the records, the above D cannot be prosecuted against the victim’s explicit intent. The records revealed the fact that the above D submitted a written agreement that he/she does not want to be punished against the Defendant on June 5, 2017, after the instant indictment was instituted. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.