The prosecution of this case is dismissed.

1. The Defendant is a person who runs a construction business by employing 16 full-time workers under the trade name “C” in Gwangju Mine-gu B and 501.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

The Defendant did not pay KRW 2,813,770 of each wage from October 2013 to April 2014, 2014 to workers D who worked from March 23, 2009 to April 30, 2014 at the above workplace without extending the due date by an agreement between the parties.

In addition, the Defendant did not pay the total amount of KRW 48,99,940 to 6 workers within 14 days from the date of retirement without extending the due date under an agreement between the parties, as shown in the attached list of crimes.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Defendant

A worker D's retirement allowance of KRW 1,375,09 who worked from March 23, 2009 to April 30, 2014 was not paid within 14 days from the date of retirement without extending the due date under an agreement between the parties.

In addition, the Defendant did not pay the total amount of KRW 7,074,671 to six employees within 14 days from the date of retirement without extending the due date under an agreement between the parties, as stated in the attached list of crimes.

2. In light of the records, each of the victims of the crime falling under Articles 109(1) and 36 of the Labor Standards Act and the main text of Article 44 subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act cannot be prosecuted against the express will of each victim under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. The record reveals that each of the victims of the crime of this case was punished on August 5, 2014, after the prosecution of this case was instituted.