The prosecution of this case is dismissed.

Defendant A is a user who runs a construction business using nine full-time workers as the representative director of (D) in the building 401 in the building at the south of the Gyeonggi-do.

When a worker retires, the employer shall pay the wages and retirement allowances within fourteen days after the cause for such payment occurred.

except that if there are special circumstances, the date may be extended by an agreement between the parties.

Nevertheless, the Defendant did not pay the total amount of KRW 2,258,870, including the wage of KRW 543,010 in May 2014 and the wage of KRW 1,715,860 in June 2014 within 14 days after retirement without an agreement on the extension of the due date between the parties concerned.

B. The Defendant did not pay KRW 16,337,840 of E’s retirement pay from the foregoing place of business to July 4, 2014, within 14 days after retirement without agreement between the parties on the extension of the due date.

Judgment

The instant case is an offense falling under Article 109(1) of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. Since the victim withdraws his wish to punish the Defendant after the instant indictment, the prosecution is dismissed under Article 327 subparag. 6 of the Criminal Procedure Act.