All of the prosecutions of this case are dismissed.

1. The Defendant is an employer who operates a service business by employing five full-time workers of the C representative director of the Busan Jin-gu, Busan.

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 if special circumstances exist.

Nevertheless, the Defendant is working from March 2, 2011 to July 7, 2012 at the above workplace.

A retired D's annual leave allowance of 2012 656,250 won was not paid 14 days after the lapse of 14 days without agreement between the parties to the extension of the due 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 mutual agreement between the parties if special circumstances exist.

Nevertheless, the Defendant is working from March 2, 2011 to July 7, 2012 at the above workplace.

The retirement allowance of 2,426,120 won was not paid until 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. Determination

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

(b) Crimes of non-violation 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: A written agreement dated March 12, 2013 submitted after the institution of public prosecution of this case.

(d) Judgment dismissing public prosecution: It is so decided as per Disposition for the reasons under Article 327 subparagraph 6 of the Criminal Procedure Act.