All of the prosecutions of this case are dismissed.

1. The summary of the facts charged is a representative of the C cafeteria located in the C cafeteria B, who has operated a restaurant with four full-time workers.

A. The Defendant did not pay the total amount of KRW 23,318,161 in arrears, including KRW 1,870,630 on August 8, 2015, which was worked in the said workplace from October 2, 2013 to November 3, 2015 at the said workplace, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date, as stated in the attached Table personal arrears details.

B. The Defendant did not pay the total amount of KRW 13,792,611, including KRW 5,527,347 of D retirement pay, which was worked at the above workplace, within 14 days from retirement without any agreement between the parties on extension of the payment date, as well as KRW 5,527,347.

2. We examine the judgment. The facts charged of this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers’ Retirement Benefit Security Act, and cannot be prosecuted differently from the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act. According to the records, each worker mentioned in the attached details of arrears for each individual can be found to have withdrawn his/her wish to punish the defendant after the prosecution of this case. Thus, all of the indictments of this case are dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.