The prosecution of this case is dismissed.

1. The summary of the facts charged is the defendant, as the representative director of Seongdong-gu Seoul Metropolitan Government Building B, who employs six full-time workers and operates an information system development business.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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 had worked from July 1, 201 to February 28, 2015 at the same place of business and retired from the said place of business until February 28, 2015, and did not pay the total of KRW 13,165,05,050,00 from the date when the grounds for payment occurred, without an agreement between the parties on the extension of the payment date.

(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 suspect worked from July 1, 201 to February 28, 2015 at the above workplace and did not pay the retirement allowances of KRW 8,267,168 to retired from the said workplace within 14 days after retirement without agreement between the parties on the extension of the payment deadline.

2. Determination

(a) Relevant criminal facts: Articles 109(1) and 36 of the Labor Standards Act, and subparagraphs 1 and 9 of Article 44 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) Indication of non-existence of punishment: A statement of intent on July 27, 2016 that the victim does not want to be punished;

(d) Dismissal of public prosecution;