The prosecution of this case is dismissed.

1. The summary of the facts charged is the representative of the C company in Seo-gu, Seo-gu, Seoan-gu, and is operating mechanical foundation parts manufacturing works using 18 full-time workers, and the employer has paid wages, compensations, and all other money and valuables within 14 days from the time when the cause for payment occurred if the worker dies or retires. However, from December 2, 2010 to January 31, 2012, the Defendant did not pay KRW 1,607,00 as retirement allowances and retirement allowances and KRW 2,305,448 from the date of his/her retirement within 14 days from the date of his/her retirement without an agreement between the parties on the extension of the due date for payment.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits. According to Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits, the indictment in the instant case cannot be instituted against the employee’s explicit intent under the proviso to Article 109(2) of the Labor Standards Act. According to the written agreement submitted to this court, it is recognized that the said D, a worker, has withdrawn his/her wish to punish the Defendant on September 9, 2013, after the institution of the instant indictment