The prosecution of this case is dismissed.

1. The Defendant is a representative of the C company located in Gyeonggi-si, Gyeonggi-do, and an employer who runs a manufacturing business with 20 full-time workers.

When a worker dies or retires, the employer 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 worked in the above workplace from March 1, 2017 to May 31, 2019, and did not pay 80,000 won for the employee D's daily allowance within 14 days from the date of retirement without an agreement between the parties to the extension of the due date.

(b) Where a worker dies or retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant worked from March 1, 2017 to May 31, 2019 at the above workplace and did not pay the retirement allowance of KRW 5,067,484 to retired workers D within 14 days from the date of retirement without an agreement between the parties to the extension of the payment date.

2. Violation of the Labor Standards Act due to non-payment of wages and the Act on Guarantee of Workers' Retirement Benefits due to unpaid retirement allowances cannot be prosecuted against the express will of the victim (Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act). Since an employee who did not receive wages and retirement allowances after the institution of the instant indictment expressed his/her intent not to have his/her punishment, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure