The prosecution of this case is dismissed.

1. The Defendant, as a representative of C Co., Ltd. in the Seodaemun-gu Seoul Metropolitan Government Branch Group B, is an employer who runs wholesale and retail business with 15 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and 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 December 28, 2015 to May 15, 2019 at the above workplace.

The retirement D did not pay KRW 1,280,000 of the annual paid leave allowance, which was not paid within 14 days from the date of retirement, although there was no agreement between the parties on the extension of the payment date.

(b) 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 December 28, 2015 to May 15, 2019 at the above workplace.

Retirement allowances of 8,187,846 won for retired D was not paid within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without agreement between the parties to the extension of the due date.

2. Determination is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, 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, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. The victim expressed his/her intention not to prosecute the Defendant on August 10, 2020, and thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.