All of the prosecutions of this case are dismissed.

1. The Defendant, as the representative of a gas station in Changwon-si, Changwon-si B, the charge of this case, is an employer who engages in wholesale and retail business, such as petroleum, by employing not more than five regular workers.

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

Nevertheless, the Defendant, at the foregoing place of business, worked as a night oil station from August 12, 2011 to February 12, 2015, and did not pay KRW 13,396,423 in total, including weekly paid leave allowances, August 201, April 201, April 201, April 201, February 201, and wage, February 2015, to the retired D, within 14 days from the date on which the cause for such payment occurred, without agreement between the parties to extend the due date for payment.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant, at the foregoing place of business, worked as a night oil station from August 12, 2011 to February 12, 2015 at the same time and did not pay retirement allowances of KRW 5,853,526 to D, as stated in the details of the money and valuables in arrears in the attached Form, within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without agreement between the parties on the extension

2. The above facts charged are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, or Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act or the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records, the victim D could recognize the fact that he/she has withdrawn his/her wish to punish the defendant on October 20, 2015, which was after the prosecution of this case was instituted. Thus, this case is subject to Article 327 subparagraph 6 of the Criminal Procedure Act.