The prosecution of this case is dismissed.

The Defendant is the representative of the Geumcheon-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd. and 1205, who operates software development business using ten full-time labor units.

(a) If a worker dies or retires, the business entity shall pay him/her wages, compensations, and all 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, the Defendant did not pay KRW 3,643,820, total amount of wages of KRW 3,643,820, including wages of KRW 3,270,00 in July 201, when he/she retired from the said workplace to August 31, 2015, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

(b) An employer shall, where a worker retires, pay the retirement allowance within 14 days after the ground for such payment occurred;

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

Nevertheless, the defendant did not pay 4,784,600 won of D's retirement pay to the above workplace within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline between the parties.

Judgment

(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. A written agreement stating the employee’s expression of his/her intention not to punish the Defendant after the instant indictment was instituted ( January 10, 2017)

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