The prosecution of this case is dismissed.

1. The Defendant is an employer who ordinarily employs 30 workers as the representative director of C, a company located in Kimhae-si B at the time of the instant charges, and operates the manufacturing business of shipbuilding machinery and materials.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen 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, who became a member of a factory on January 1, 2012 and worked as the head of the factory on January 25, 2013, did not pay KRW 1,857,90 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date of payment between the parties, for the aggregate of the amount of unpaid annual paid leave allowance (1,306,680 won) and the amount of unpaid annual paid leave allowance of KRW 51,310 in 2012.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant, who was employed as a factory on January 1, 2012 at the above workplace, did not pay KRW 3,969,910 of D retirement pay, which was retired on January 25, 2013, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the payment date.

2. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 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 that cannot be prosecuted against the victim’s explicit intent, and the withdrawal of the petition filed in the records is recorded.