The prosecution of this case is dismissed.

1. The summary of the facts charged is the actual management owner in the Nam-gu Incheon Metropolitan City, which is a user who operates an industrial machinery manufacturing business by employing ten full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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 did not pay D’s delayed payment money and other valuables 1,482,90 won (the wage of September 1, 2013, the wage of KRW 908,990, and the wage of October 574, 200) working from May 1, 2012 to October 7, 2013 at the above workplace within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement on the extension of the due date.

2. When a worker retires, the employer shall pay the retirement allowance 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 did not pay KRW 3,399,100 of D retirement pay, which worked from May 1, 2012 to October 7, 2013 at the above workplace, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement on the extension of the due date.

2. The facts charged in 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 Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to the records, since the victim has withdrawn his wish to punish the defendant after the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.