The prosecution of this case is dismissed.

1. The summary of the facts charged in the instant case is that the Defendant, as the D representative director in Chungcheong City Co., Ltd., Ltd., and run the manufacturing business, etc. using 31 full-time workers.

When an employee retires, the employer in violation of the Labor Standards Act shall pay all money and valuables, such as wages, within 14 days from the date of retirement unless the employer has agreed to extend the due date.

Nevertheless, the Defendant did not pay the total amount of wages of 2,224,890 won on December 1, 2012, 2005 through May 31, 2013 at the same place of business as an employee engaged in production, and the total amount of wages of 2,354,150 won on January 20, 2013, and 2,320,720 won on May 20, 206 to June 30, 2013, as well as 2,449,930 won on January 1, 2013; 2,536,610 won on June 1, 2013; 1,06, 1,047, 204, 205 days on June 2, 2013 to 31, without agreement between the parties to retirement;

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

Nevertheless, the Defendant did not pay 15,445,530 won of E’s retirement allowance from March 1, 2005 to May 31, 2013 at the same place of business, and 34,105,250 won of F’s retirement allowance of 18,659,720 won to June 30, 2013, without agreement on extension of the due date for payment between the parties.

2. The judgment is based on the case that falls under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act cannot be prosecuted against the victim’s explicit intent. The record reveals the following.