The prosecution of this case is dismissed.

1. The Defendant in the instant charges is the actual manager of the Seo-gu, Gwangju Metropolitan City, who ordinarily employs nine workers and operates a sand gathering business. A.

When a worker dies or retires, the employer violating the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred.

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

Nevertheless, the Defendant worked in the foregoing workplace from March 21, 2013 to September 30, 2018, and did not pay the total of KRW 2,815,000 of the wages of KRW 785,800 on August 8, 2018, and wages of KRW 2,815,000 on September 2018 within 14 days from the date of retirement without an agreement between the parties.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay KRW 11,142,632 of the said employee’s retirement allowance within 14 days from the date of retirement without agreement between the parties.

2. The instant case pertains to a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’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.

According to the records, it is evident that workers D, on August 25, 2020 after the institution of the instant prosecution, withdrawn the expression of intent that he/she wishes to punish the defendant.

3. According to the conclusion, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.