The prosecution of this case is dismissed.

1. The gist of the facts charged is that the Defendant is an employer who runs a sports service business by employing nine full-time workers at C located in Mapo-gu Seoul Metropolitan Government B.

When a worker 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 is working at the same workplace from March 13, 2012 to November 24, 2012.

A retired worker D's wage of 118,00 won in July 2012, wage of 282,000 won in August of the same year, wage of 100,000 won in October of the same year, and wage of 100,000 won in November of the same year, and wage of 600,000 won in total in November of the same year did not have been paid within 14 days from the date of retirement without any agreement on the extension of the due date.

2. The determination of the case is the crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act.

However, according to the records of this case, D had withdrawn his/her wish to punish the defendant on October 1, 2014 after the institution of the prosecution of this case. Thus, D is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.