The prosecution of this case is dismissed.

1. The Defendant, as the representative of Eunpyeong-gu Seoul Metropolitan Government (State)C, is an employer who runs a construction business with five full-time workers. A.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

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

Nevertheless, the defendant is working from March 26, 2012 to August 22, 2014 at the above workplace.

D’s wages of KRW 2,70,000 in June 2013, KRW 2,700,00 in July 2014, KRW 1,916,129 in August 2014, and KRW 7,914,049 in total, including KRW 597,920 in year-end year-end settlement refund in 2013, did not pay within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the defendant is working from March 26, 2012 to August 22, 2014 at the above workplace.

6,838,149 won of retirement allowances of retired D was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are crimes falling under Article 109(1) of the Labor Standards Act, which fall under Article 109(2) of the same Act or Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent under the proviso to Article 44 of the same Act. According to the records of the instant case, it can be acknowledged that the worker D withdraws his/her wish to punish the Defendant after the instant indictment.