The prosecution of this case is dismissed.

1. The summary of the facts charged is the defendant, as the representative of the Gangseo-gu Seoul Special Metropolitan City Development Bank, who is engaged in the collection and sale of recycled products by using six full-time workers.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 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, who entered the said workplace on September 1, 2012 and worked until August 7, 2016 and retired on August 8, 2016, did not pay the total of KRW 10,236,644, including KRW 10,236,64, respectively, within 14 days from the date of each retirement without agreement between the parties to the extension of the payment date, as stated in the attached Table, including KRW 1,260,270, and the shutdown allowance 19,204, August 8, 2016.

(b) Where an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred;

Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, on August 8, 2016, did not pay the retirement allowances of 25,81,229 won, including D’s retirement allowances of 4,858,100 won, which retired from the said workplace, within 14 days from the date of each retirement without agreement between the parties to the extension of the payment deadline, as stated in the attached Table, as well as the details of the payment in arrears.

2. Determination

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

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

C. Unwritten expression of intention to punish: The victims shall submit an unwritten request for punishment after the prosecution of the instant case was instituted.

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