Each of the instant public prosecutions is dismissed.

The summary of the facts charged is an individual subordinate business operator of Daejeon Dong-gu, Daejeon, who runs a motor vehicle maintenance business using one full-time worker.

(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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 1,393,548 of wages for October 2017, 2017 to workers D who worked in the above workplace from October 10 to October 23, 2017, within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without any agreement between the parties on the extension of the payment deadline.

(b) An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurs;

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

Nevertheless, the defendant did not pay KRW 3,250,50,506 of the above worker D's retirement pay within 14 days from the date of retirement, which is the day when the ground for payment occurred, without the 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According to the public trial records, since workers D can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on May 3, 2018, which was after the institution of public prosecution, pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.