The prosecution of this case is dismissed.

1. The summary of the facts charged is the defendant who is the representative of the Nam-gu Incheon Metropolitan City, Seoul Metropolitan City Dispute Resolution Co., Ltd., which is one of three full-time workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 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 employed in the above workplace from June 1, 2013 to August 18, 2014, and did not pay the difference between KRW 4,180,645 and retirement allowances from June 1, 2014 to August 18, 2014, and KRW 1,648,228, and the parties did not agree on the extension of the payment date, within 14 days from the retirement date, which is the date on which the cause for payment occurred.

2. The determination is based on the following facts: (a) Articles 109(1) and 36 of the Labor Standards Act; (b) Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act cannot be prosecuted against each victim’s express intent pursuant to Article 109(2) of the Labor Standards Act; and (c) the proviso to Article 44 of the Workers’ Retirement Benefit Security Act; and (d) the damaged person’s record reveals the fact that he expressed his wish not to punish the Defendant on February 18, 2016, after the instant public prosecution was instituted; (b) thus, the instant public prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.