The prosecution of this case is dismissed.

The summary of the facts charged is the representative of the (ju)C located in the Seo-gu in Gwangju, who ordinarily employs seven workers and operates boiler facility business.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, from April 1, 1984 to October 31, 2012, the Defendant did not pay 56,99,070 won in total, including 54,750,000 won in total, monthly wage of 1,750,000 won in April 1, 1984 to October 31, 2012, and 1,32,000 won in paid leave allowances in 201, and 56,9,070 won in total, including 1,417,070 won in paid leave allowances in 201.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant, as described in paragraph (1), did not pay KRW 52,589,710 of the D retirement pay within 14 days from the date of retirement.

The facts charged in the instant case are those 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, and 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

However, according to the statement of withdrawal of a complaint filed in the trial records, D can be recognized on May 19, 2015, which was after the institution of the instant prosecution, as the case was brought, as the case was.

Therefore, the prosecution of this case against the defendant is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.