Each of the instant public prosecutions is dismissed.

The summary of the facts charged is that the defendant is a manager of the C office in Daejeon Seo-gu, Daejeon who runs a general restaurant business.

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 did not pay KRW D’s wages of KRW 6,752,00 and retirement allowances of KRW 1,745,262, who retired from the said workplace from around July 13, 2016 to July 30, 2017, within 14 days from the date of retirement, which is the date when the cause for payment occurred, without agreement between the parties on the extension of the payment deadline.

Under Article 109(2) of the Labor Standards Act, a crime of violating the Labor Standards Act due to the failure to pay wages is an offense falling under Articles 109(1) and 36 of the same Act, and a crime of violating the Act on the Guarantee of Retirement Benefits of Workers due to the failure to pay wages shall not be prosecuted against each victim’s express intent under the proviso to Article 44 of the Act on the Guarantee of Retirement Benefits of Workers, which is an offense falling under Articles 44(1) and 9 of the same Act.

According to the public trial records, since workers D can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on April 19, 2018, which was after the institution of public prosecution. Thus, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.