The prosecution of this case is dismissed.

1. The Defendant is an employer who runs the clothing manufacturing business using 35 full-time workers under the trade name of the Plaintiff from Busan Seo-gu B.

When a worker retires, an employer shall pay wages, compensations, and other money or valuables within 14 days after the cause 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 KRW 11,600,850 of D retirement pay from April 19, 2007 to March 20, 2015 within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

2. Determination

(a) Applicable law: Article 44 subparagraph 1 of the Guarantee of Retirement Benefits of Workers, and Article 9 of the same Act;

(b) Crimes of non-violation of will: The proviso to Article 44 of the Guarantee of Retirement Benefits of Workers;

(c) Expression of intention not to punish: Investigation report submitted on January 29, 2016, which was after the institution of public prosecution of this case.

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