The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant, as the representative of the Guro-gu Seoul Metropolitan Government building C, is an employer who ordinarily employs 30 full-time workers and operates software development business. The Defendant did not pay KRW 5,57,600 from the date of retirement within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties concerned, including KRW 3,747,150, retirement allowances and KRW 1,810,450, out of D’s wages from March 11, 2014 to March 31, 2015.

2. Determination 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, and 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 written agreement submitted on March 25, 2016, the employee D expressed his/her intent not to have the Defendant punished after the instant indictment, and thus, the prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.