The prosecution of this case is dismissed.

1. The gist of the facts charged is that the Defendant, as the representative director of the Co., Ltd. in Songpa-gu Seoul Metropolitan Government, runs a construction business with six full-time workers.

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 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, Defendant D’s employees who retired from the said workplace worked from the said workplace from June 1, 2012 to December 31, 2015, as wages of 1,583,512, wages of 2,121,163, and wages of 2,121,163, June 2015; and

8. Each of the wages of KRW 16,531,193, including the wages of KRW 2,105,813 from September 2, 201 to December 12, 2015, did not pay KRW 16,531,193 within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

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

Nevertheless, the Defendant did not pay KRW 8,069,178 of retirement allowances of retired workers D within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline, as it worked from June 1, 2012 to December 31, 2015 at the above workplace.

2. We examine the judgment. The crime falls under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, which 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 Act on Guarantee of Workers’ Retirement Benefits. According to the written withdrawal of complaint filed in the trial records of this case, the victim D was against the Defendant on June 14, 2016, after the prosecution of this case.