The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant, as the representative of the limited liability company E located in Hongjin-gu Seoul Metropolitan Government D, employs four full-time workers and operates the event service business.

When a worker dies or retires, the employer who has paid the wages shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant is working from May 1, 2012 to March 7, 2013.

On November 2012, 2012, 43,925,030 won in total, including 600,000 won in arrears for each employee, was not paid for 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.

(b) Where a worker retires, the employer who has paid a retirement allowance shall pay the retirement allowance within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant is working from July 1, 2010 to May 27, 2013.

The retirement allowance of 2,972,370 won was not paid until 14 days from the date of retirement without an agreement on the extension of the due date.

2. Of the facts charged in the instant case, the part on which wages are not paid is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the same Act. The unpaid part on retirement allowances is a crime falling under Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act and cannot be prosecuted against the victim’s explicit intent pursuant to the proviso to Article 44 of the same Act. According to the records of the instant case, the victims of the instant facts charged expressed their intent not to be punished against the Defendant after instituting the instant prosecution. Accordingly, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

order for any reason above.