The prosecution of this case is dismissed.

1. The Defendant, as the representative of Daejeon Pream-gu C, is an employer who runs a construction business with eight regular workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act 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 the total of KRW 4,825,806 as wages of KRW 3,400,000 in November 1, 2013, and KRW 1,425,806 in December 2013, as wages of KRW 1,425,806 in the above workplace, within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties concerned.

2. 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

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

Nevertheless, the Defendant did not pay the said amount of KRW 4,645,841 as retirement allowance E within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.

2. In light of the records, the court below’s determination is that a crime falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the records, the victim can recognize the fact that he/she has withdrawn his/her wishing to punish the Defendant on February 10, 2015, which was after the prosecution

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.