The prosecution of this case is dismissed.

1. The Defendant, as the representative of Seo-gu in Gwangju, is an employer who runs automobile maintenance business using eight full-time workers as a full-time worker in Seo-gu.

(a) An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, unless the parties have agreed on the extension of the due date for payment;

Nevertheless, the Defendant did not pay the F’s wage of KRW 3.5 million from October 10, 2016 to October 14, 2017, within 14 days from the date of his/her retirement without an agreement on the extension of the payment deadline between the parties concerned.

(b) An employer who violates the Guarantee of Retirement Benefits for Workers shall, in cases where a worker retires, pay the retirement allowance within 14 days from the date of such retirement, unless the employer has agreed to extend the payment period between the parties.

Nevertheless, the Defendant did not pay KRW 3,461,435 of F retirement pay from October 10, 2016 to October 14, 2017 within 14 days from the date of retirement without an agreement between the parties on the extension of payment deadline.

2. Each of the above facts charged is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, which cannot be prosecuted against the employee’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act. According to the records, the facts that F withdraws his/her wish to punish the Defendant after the instant indictment was instituted can be acknowledged. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.