The prosecution of this case is dismissed.

The summary of the facts charged is the defendant as the representative of the E Hospital located in Geumcheon-gu Seoul Metropolitan City D, who is an employer who employs 28 full-time workers and operates medical business.

1. 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 date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from August 16, 2012 to August 31, 2013 at the above workplace.

A total of 5,984,560 won, such as wage 1,303,520 won in November 2012, including wage 1,303,520 won, is not paid within 14 days from the date of retirement without an agreement on extension of the due date between the parties.

2. 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 extenuating circumstances.

Nevertheless, the defendant is working from August 16, 2012 to August 31, 2010 in the above workplace.

It is not paid 1,488,739 won of F's retirement allowance of retired workers within 14 days from the date of retirement without agreement between the parties on the extension of the due date, as shown in the list of crimes.

However, a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, 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 the Guarantee of Workers’ Retirement Benefits.

However, according to the records of this case, F had withdrawn his/her wish to punish the Defendant on July 23, 2014, which was after the prosecution of this case was instituted. Thus, F did not object to Article 327 subparagraph 6 of the Criminal Procedure Act.