The prosecution of this case is dismissed.

1. The summary of the facts charged is the defendant as the representative of "D" in Daegu Jung-gu, Daegu-gu, who ordinarily employs four workers and operates food business.

(a) When a worker dies or retires, the employer of money or valuables in liquidation shall pay wages, compensations, or other money or 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 did not pay the total amount of KRW 7,00,000,000, as shown in the list of crimes in the attached Table, including KRW 500,000,00, which was worked as the main place of a week from March 28, 2013 to July 31, 2016 at the above workplace, within 14 days from the date of occurrence of the payment cause without agreement between the parties on the extension of payment date.

(b) If the employee in arrears of a retirement allowance retires, the employer shall pay the retirement allowance within 14 days after the ground for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 9,006,709 of the E retirement pay from March 28, 2013 to July 31, 2016 at the same place of business within 14 days from the date on which the grounds for payment occurred without an agreement between the parties on the extension of the payment deadline.

2. The determination is based on the case that falls under Articles 109(1) and 36 of the Labor Standards Act, and the main text of Article 44(1) and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. Since the victim expressed his/her intent not to punish the Defendant on June 14, 2018, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.