Each of the instant public prosecutions is dismissed.

The summary of the facts charged is the defendant who is the representative of the corporation C in Gangnam-gu Seoul Metropolitan Government and has run wholesale and retail business using nine full-time workers, and the employer shall pay wages, retirement allowances, and all other money and valuables within 14 days from the time when the cause for such payment occurred when the worker retires.

Nevertheless, the Defendant is working in the above workplace from August 1, 2012 to December 8, 2013.

A retired worker D’s wages of KRW 5,261,890 and retirement allowance of KRW 5,692,740, not paid without any agreement on extension of the due date between the parties concerned, and the total of KRW 16,761,890 and KRW 16,756,820, as stated in the attached list of crimes, were not paid within 14 days from the time when the cause for the payment occurred without any agreement on extension of the due date between the parties concerned.

Judgment

The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits, 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 Act on the Guarantee of Workers' Retirement Benefits. According to the records, workers D, E, F, G, and H are recognized to have withdrawn their wish to punish the defendant after the institution of the instant prosecution. Thus, each of the instant prosecution is dismissed under Article 327 subparag. 6 of the Criminal Procedure Act.