The prosecution of this case is dismissed.

1. The gist of the facts charged is that the Defendant is a business manager who operates real estate business with two full-time workers in Ulsan-gu C with the trade name of the company B, Ulsan-gu. A.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and 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 is working as a clerical assistant at the above workplace from April 1, 2016 to November 9, 2018.

D's Withdrawn 1,700,000 wages, July 7, 2018, and the same year

8. The wage of KRW 1,700,000 and the wage of KRW 700,000 for 10.0.00 for each year was not paid within 14 days from the date of retirement without an agreement between the parties on extension of the due date.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant did not pay the retirement allowances of KRW 8,456,144 within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. Since it can be acknowledged that D, the victimized employee, after the instant indictment was instituted, expressed his/her intent not to be punished against the Defendant, the prosecution in the instant case is dismissed in accordance with Article 327 subparag. 6 of