The prosecution of this case is dismissed.

1. The defendant is the representative of C Council members in the case of Pakistan, who ordinarily employs ten workers and operates a general council member business.

(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 did not pay 2,201,370 won, including D’s wage 514,230 won in April 2016, 2016, which worked at the above workplace from April 9, 2016 to January 2, 2018, within 14 days from each retirement date without agreement between the parties to the extension of payment deadline, as shown in the list of crimes in the attached Table.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

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

Nevertheless, the defendant did not pay 6,269,286 won, including 3,217,347 won of retirement allowances of D employed and retired workers at the above workplace, and the total of 6,269,286 won of retirement allowances of 3,217,347 won, as stated in the list of crimes in the attached Form.

2. Determination: (a) Of the instant facts charged, the part on violation of the Labor Standards Act among the instant facts charged is a crime falling under Articles 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017); and (b) cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act; and (c) the part on violation of the Workers’ Retirement Security Act is a crime falling under subparagraphs 1 and 9 of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits and falls under the proviso to Article 44 of the same Act.