The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant is the actual manager of E (ju) located in Dobong-gu Seoul Metropolitan Government and DMat, who runs the wholesale and retail business of cosmetics using two full-time workers.

The Defendant, while working in the foregoing workplace and retired on April 22, 2012, did not pay KRW 175,000 as overtime allowance on March 22, 2013; KRW 1,00,000 on April 2, 2012; and KRW 2,472,876 on April 2, 2012, in total, KRW 155,000 on overtime allowance and retirement allowance and KRW 1,142,876 on April 2, 2012, within 14 days from the date of retirement without agreement on extension of the due date between the parties.

2. We examine the judgment. 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 Guarantee of Workers' Retirement Benefits Act, 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 Guarantee of Workers’ Retirement Benefits Act. Since it is apparent that the victim F has withdrawn his wishing to punish the Defendant on July 16, 2013, the prosecution charged in the instant case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.