The prosecution of this case is dismissed.

1. The Defendant is a co-representative of the company C with the 7th floor of Mapo-gu Seoul Metropolitan Government building B, who runs a game software development business using 40 full-time workers.

(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay KRW 2,367,790 in April 10, 2012, which was retired from the said workplace, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay KRW 10,157,070 of the retirement pay of KRW 10,157,070, which was retired from the said workplace from August 10, 2002 to April 14, 2012, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

2. Each of the facts charged in the instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 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According to the records, it is recognized that the victim D withdrawn his/her intention to punish the defendant on December 24, 2015. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.