The prosecution of this case is dismissed.

The Defendant, as the representative director of C in Daegu Seo-gu, is an employer who runs the business of manufacturing power distribution teams by employing five full-time workers.

When a worker retires, the employer shall pay all money and other valuables, such as wages and retirement allowances, within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, at the above workplace from October 1, 2004 to November 30, 2012, worked as the production deputy head, and did not pay 32,38,023 won, including the total of 9,857,917 won, bonuses 4,050,000 won, retirement allowances 18,480,106 won, within 14 days from the date of retirement, without any agreement on extension of the due date.

However, the facts charged in this case are those 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 explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

The records show that the victim has withdrawn his previous wish to punish the defendant after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.