The Defendant worked in the construction site D from August 1, 201 to December 31, 2013 and did not pay KRW 1,00,000,000 out of the wages of the E retired on April 4, 2013, and the total of KRW 2,00,000,000 for eight months from April 2, 201 to December 2013, 201, as total of KRW 17,00,000 and retirement allowances and KRW 4,738,530 within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

2. Each of the above facts charged is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the fact that the victim E withdraws his/her wish to punish the Defendant on July 6, 2015, after the instant indictment was instituted. Thus, the instant indictment is dismissed in entirety in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.