The prosecution of this case is dismissed.

1. The Defendant, as the representative of the Bank of Korea in Gwangju Mine-gu, is an employer who has run the gold-type parts manufacturing business using two full-time workers. A.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and 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.

Nevertheless, the Defendant, at the foregoing place of business, worked from May 1, 2015 to April 30, 2016, and retired from the said place of business, did not pay KRW 1.5 million monthly wages of August 2015, and KRW 2.1.5 million monthly wages of September 2015 to April 2016, without any agreement on the extension of the due date between the parties concerned, within 14 days from the date of retirement.

(c) 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 may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant had worked from May 1, 2015 to April 30, 2016 at the same place of business, and had not paid KRW 2.5 million of retirement allowances of D, which was retired, within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned.

2. Determination

(a) Applicable provisions of Acts: Articles 109(1) and 36 of the Labor Standards Act, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-performance of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

(c) Expression of intention not to punish: Submission of a written agreement containing a declaration of intention not to punish D after the institution of this case.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;