The prosecution of this case is dismissed.

1. The summary of the facts charged is the defendant as the representative of Daegu Jung-gu B, who is a full-time user of wholesale and retail business (on-line) using one worker.

(a) When a worker dies or retires, an employer shall pay 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.

However, the Defendant did not pay KRW 2,70,000,000 as wages, including the amount of KRW 2,00,000 in July 2014, 2015, the amount of KRW 1,000,000 in January 2016, and the amount of KRW 1,70,000 in February 2016, without any agreement on the extension of the payment date between the parties.

(b) An employer who pays a retirement allowance (Article 9 of the Guarantee of Retirement Benefits for Workers) shall, if a worker retires, pay the retirement allowance within 14 days after the ground for such payment occurred;

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

However, the Defendant did not pay KRW 4,231,38 of D retirement pay from January 8, 2017 to February 29, 2016, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the employee’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

In this regard, the employee D expressed his/her intention not to be punished against the Defendant on November 24, 2017, which was after the instant indictment was instituted.