The prosecution of this case is dismissed.

1. The summary of the facts charged is the representative of C Co., Ltd. with Btel 715 in Yeongdeungpo-gu Seoul Metropolitan Government, who employs ten full-time workers and operates indoor landscaping business.

The Defendant, from July 14, 2008 to May 31, 2012, did not pay the total of KRW 17,100,000,000, retirement pay of KRW 8,361,048, as well as KRW 25,461,048, as the date of retirement from October 14, 201 to May 5, 2012, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. We examine the judgment. The facts charged in the instant case are the crimes 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 explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to the records, it can be recognized that the victim has withdrawn his wish to punish the defendant after the prosecution of this case.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.