The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant, as the representative director of the company D with limited liability located in the former Gun/Si of North Korea, is an employer who employs five full-time workers and operates a wedding hall business.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant had worked in the said workplace from January 4, 201 to September 7, 2016 and did not pay KRW 715,280 of the wage balance in September 2016 within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

(b) Where an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant, from January 4, 201 to September 7, 2016, did not pay KRW 5,416,580 of the retirement pay balance of E, who was employed in the said workplace and retired from the said workplace, within 14 days from the date of retirement without agreement between the parties on the extension of the payment period.

2. Determination

(a) Applicable legal provisions: Articles 109(1) and 36 of the Labor Standards Act, the main sentence of Article 44 subparag. 1, and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

C. On December 18, 2017, after the institution of the instant indictment, submission of a written agreement that the employee does not want to be punished against the Defendant.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;