The prosecution of this case is dismissed.

1. The summary of the facts charged is an employer who runs the waste collection and transportation business by employing 14 full-time workers as the representative director of C(State) located in PPP as the representative director of PPP.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant had worked from September 1, 2012 to April 30, 2014 at the above workplace and had retired KRW 1,500,000 on February 2, 2014, pro rata’s wage of KRW 2,500,000 on March 3, 2014, and KRW 6,50,000 on April 2, 2014, without agreement between the parties on the extension of the payment date, the Defendant did not pay KRW 6,50,00 within 14 days from the date of retirement, which is the date on which the cause for payment occurred.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

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

Nevertheless, the suspect worked from September 1, 2012 to April 30, 2014 at the above workplace and did not pay the retirement allowance of KRW 4,204,240 to retired D within 14 days after retirement without agreement between the parties on the extension of the payment deadline.

2. Determination

(a) Relevant criminal facts: Articles 109(1) and 36 of the Labor Standards Act, and subparagraphs 1 and 9 of Article 44 of the Workers' Retirement Benefits Guarantee Act;

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

(c) Indication of non-existence of punishment: A statement of intent that the victim does not want to be punished on July 19, 2016;

(d) Dismissal of public prosecution;