The prosecution of this case is dismissed.

1. The Defendant is an operator of Company D, Inc., Ltd., Ltd., located in Gyeongnam-gun, who ordinarily employs four workers and engages in the manufacturing business of piping parts.

When a worker retires, the employer in violation of the Labor Standards Act shall pay wages and other money and valuables within 14 days from the date on which the cause for such payment occurred unless the parties have agreed to extend the due date.

Nevertheless, the Defendant, by May 31, 2016, did not pay KRW 4,205,00 of the E’s wages that he retired while working in the said workplace until May 31, 2016, within 14 days from the date of retirement, and did not pay KRW 21,627,50 in total for four retired workers as shown in the attached list of crimes.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days from the date when the cause for such payment occurred, unless otherwise agreed by the parties concerned.

Nevertheless, the Defendant did not pay KRW 8,363,764 of E’s retirement allowance, which was retired from his/her workplace until May 31, 2016, within 14 days from the date of his/her retirement, and did not pay KRW 33,674,698 in total for four retirement allowances of the retired worker as stated in the attached crime list.

2. The facts charged in this case are determined as follows.

Paragraph (1) is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act.

As a crime falling under Article 44 subparagraph 1 or Article 9 of the Guarantee of Workers' Retirement Benefits Act, a public prosecution may not be instituted against the victim's explicit intent under the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

However, the victims need not be subject to criminal punishment on or around November 21, 2016 or around November 25, 2016.