The prosecution of this case is dismissed.

1. The Defendant, as the representative of Guro-gu Seoul Metropolitan Government C, is an employer who runs the clothing manufacturing business using six regular workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 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 is working in the above workplace from January 3, 2016 to March 11, 2017.

A retired D’s annual leave allowance of 2014 625,200, annual leave allowance of 2015 625,200, annual leave allowance of 2016 669,600, annual leave allowance of 2016, annual leave allowance of 723,600, annual leave allowance of 2017 723,643,600, retirement allowance of 6,469,414 was not paid within 14 days from the date of retirement without agreement on extension of the due date between the parties.

2. We examine the judgment. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017) and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. The case where “agreement” and “e-mail” of the victim’s preparation, stating the victim’s intention not to be punished, were submitted to the court on July 19, 2019, and the prosecution in the instant case was dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.