The prosecution of this case is dismissed.

1. The gist of the facts charged is that the Defendant is the representative of Seongdong-gu Seoul Metropolitan Government and Seongdong-gu located in the third and upper floors, who has run manufacturing and wholesale and retail business using 12 full-time workers. A.

The Defendant shall enter the same workplace on January 17, 201 and work until August 31, 2012.

A retired employee D's annual allowance of 2012 KRW 378,744 shall not be paid after the lapse of 14 days from the date of the retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the payment.

B. The Defendant did not pay KRW 3,855,607 as retirement allowances of the above D within 14 days from the date of retirement, which is the date when the cause for payment occurred, without agreement between the parties to the extension of the payment period.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and crimes falling under Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the employee D expressed his/her intention not to prosecute the Defendant on May 7, 2013, which is after the institution of the prosecution, and thus, the instant prosecution in this case is dismissed pursuant to Article 327 subparag.