The prosecution of this case is dismissed.

1. The Defendant, as the representative of the company Nam-gu Incheon, is an employer who runs a construction business with 50 full-time employees. A.

The Defendant worked in the foregoing workplace from March 31, 2010 to December 27, 2012 at the same workplace, and did not pay KRW 1,314,968, including the sum of KRW 412,928, annual paid leave allowances for 2010, annual paid leave allowances for 2011, annual paid leave allowances for 495,488, annual paid leave allowances for 2012, annual paid leave allowances for 2012, and KRW 1,314,968, which is the date on which the cause for payment occurred, within 14 days from the date of retirement (as of December 28, 2012) on which the parties concerned have agreed to extend the due date for payment.

B. The Defendant worked in the foregoing workplace from March 31, 2010 to December 27, 2012, and did not pay KRW 6,571,660 of retirement allowances to C to retired workers within 14 days from the date of retirement (the date of December 28, 2012) which is the date on which the cause for payment occurred, without agreement between the parties on the extension of the payment date of money and valuables.

2. The above facts charged are crimes stipulated in Articles 109(1) and 36 of the Labor Standards Act and crimes stipulated in 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. Since the worker C expressed his/her intention not to be punished against the defendant after the indictment of this case, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act