The prosecution of this case is dismissed.

1. The Defendant is the actual management owner of the Daegu Jung-gu, Daegu Jung-gu, who has operated the clothing sales business by making use of four full-time 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 in special circumstances, the date may be extended by mutual agreement between the parties.

When 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 mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant did not pay KRW 1,750,00 of the D's wages on April 16, 2013 to January 30, 2015, which was retired from the above workplace without any agreement on the extension of the payment deadline between the parties, within 14 days from the date of retirement, and at the same time, did not pay KRW 3,076,831 of the D's retirement allowances within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties.

2. Of the facts charged in the instant case, a violation of the Labor Standards Act is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act. A violation of the Act on the Guarantee of Workers’ Retirement Benefits is a crime falling under Article 44 subparag. 1 and Article 9 of the same Act and cannot be prosecuted against the victim’s express intent under the proviso to Article 44 of the same Act.

However, according to the records of this case, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on January 13, 2016, which was after the prosecution of this case was instituted.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.