All of the prosecutions of this case are dismissed.

1. The Defendant is an employer who is a representative director of Seongdong-gu Seoul Metropolitan Government Three Floors (ju) D and operates an educational service company using seven full-time workers.

(a) When a worker dies or retires from office, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless the parties have agreed on the extension of the due date for payment;

Nevertheless, the Defendant did not pay KRW 5,800,000 in total, including the amount of KRW 1,60,000 in December 1, 2015, the amount of KRW 2,100,000 in January 2016, and the amount of KRW 5,80,000 in February 2016, when there was no agreement between the parties on the extension of the payment date between the parties, from June 1, 2013 to February 29, 2016.

(b) An employer who violates the Guarantee of Retirement Benefits for Workers shall, in cases where a worker retires, pay the retirement allowance within 14 days from the date of such retirement, unless otherwise agreed on the extension of the payment period;

Nevertheless, the Defendant did not pay KRW 5,712,958 of G retirement pay from the F elementary school located in Gyeonggi-si, Gyeonggi-do, to February 29, 2016, within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of payment deadline.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Workers’ Retirement Benefit Security Act.

According to the records, around April 5, 2017, after the public prosecution of this case was instituted, the employee expressed his/her wish not to punish the defendant. Thus, the Criminal Procedure Act is applicable.