The prosecution of this case is dismissed.

1. The summary of the facts charged in the instant case is an employer who runs food service business by employing five full-time workers as the C representative located in Changwon-si B, Changwon-si.

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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay the wages of KRW 715,00 from March 25, 201 to August 13, 2012 at the same place of business within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement between the parties on the extension of the due date.

(b) Where an employer retires, he/she shall pay a retirement allowance within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 2,346,360 of D retirement pay, which was worked as a ice, from March 25, 2011 to August 13, 2012 at the above workplace, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement between the parties on the extension of the due date.

2. Determination

(a) Crimes of non-violation of will (Article 109(2) of the Labor Standards Act and proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act);

(b) The victim is not subject to punishment after the indictment of this case.

(c) Judgment dismissing public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act);