The prosecution of this case is dismissed.

1. The summary of the facts charged is that the defendant is a manager of the company in charge of the 10th floor of the company in Jung-gu Seoul Special Metropolitan City, Jung-gu, who operates a service business (software development business) with seven regular workers.

The Defendant worked for the program development from June 9, 2008 to June 30, 201 at the leisure office of the foregoing workplace, and was retired from office, and did not pay KRW 11,16,983 in total, including KRW 1,845,020 on April 4, 2010, and wages of KRW 1,845,020 on May 1, 2010, and wages of KRW 1,845,020 on June 6, 2010, and retirement allowances of KRW 6,231,482 on June 1, 201, within 14 days from the date on which the cause for the payment occurred between the parties concerned without any agreement on the extension of the payment period.

2. Of the facts charged in the instant case, the fact that wages are unpaid after retirement is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and constitutes a crime of non-compliance under Article 109(2) of the same Act.

In addition, the unpaid retirement allowance is a crime falling under Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 26, 2012). Although the above Act does not provide for the crime as a crime of non-prosecution, the above crime was revised under the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits amended by Act No. 10967, Jul. 26, 2012 as an offense of non-prosecution. The Addenda does not include any transitional provision related to its application, but is more favorable to the defendant, so the amended Act shall be applied pursuant to Article 1(2) of the Criminal Act (see, e.g., Supreme Court Decision 2005Do4462, Oct. 28, 2005). The above crime also constitutes a crime of non-prosecution (see, e.g., Supreme Court Decision

The records show that the victim has withdrawn his/her wish to punish the defendant after filing the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.