The prosecution of this case is dismissed.

1. The summary of the facts charged is the defendant who is the representative director of Yeongdeungpo-gu Seoul Metropolitan Government building B and the Dispute Resolution D, who ordinarily employs five workers and operates wholesale and retail business.

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or 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 is working in the said workplace from September 6, 2017 to January 6, 2020 on the following day, and the Defendant did not pay KRW 2,00,000,000 as wages of November 2019 to December 2019 of E retired on the following day, and KRW 6,025,040 as well as money and valuables of KRW 2,000 as wages of January 200 and annual settlement refund of 25,040 as of January 2019, without any agreement between the parties on the extension of payment date.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

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

Nevertheless, the Defendant had worked from September 6, 2017 to January 6, 2020 at the above workplace, and had not paid KRW 4,572,364 of E retirement pay on the following day within 14 days from the date of retirement without agreement between the parties to the extension of payment deadline.

2. The facts charged of the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, E is punished against the Defendant on December 21, 2020, which is after the instant indictment.