The prosecution of this case is dismissed.

1. The Defendant, as the representative director of Gangdong-gu Seoul Metropolitan Government Company C, is an employer who runs the business of manufacturing and selling clothes using 40 full-time workers. A.

The Defendant did not pay KRW 33,432,966, respectively, within 14 days from the date of his/her retirement, as well as KRW 3,182,390 in June 2, 2012, which was worked in the foregoing workplace from April 2, 2011 to June 30, 2012, as well as KRW 33,432,960 in aggregate of the money in arrears with five retired workers, as shown in the attached list of crimes.

B. In addition, the Defendant did not pay KRW 7,475,861 as retirement allowances of two retired workers, including the above D retirement allowances of KRW 4,09,064, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date, as stated in the list of crimes in the attached Table.

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 facts that workers E, F, D, G, and H expressed their intention to not punish the Defendant after the institution of the instant case. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.