The prosecution of this case is dismissed.

1. The summary of the facts charged is the actual representative of the restaurant “C” in Mapo-gu Seoul Metropolitan Government, who runs a restaurant with seven full-time workers. A.

The Defendant in violation of the Labor Standards Act did not pay KRW 900,00 in March 29, 2014, when he/she worked at the foregoing workplace from November 29, 2012 to May 10, 2014, KRW 2,400,00 in April 2014, KRW 800,00 in May 2014, and KRW 4,100,000 in total, and KRW 1,370,000 in March 21, 2012 to April 30, 2014, KRW 3,470 in total, KRW 3,470 in April 2, 2014, and KRW 470 in the payment date between the parties concerned within 14 days without agreement on retirement.

B. The Defendant in violation of the Guarantee of Workers’ Retirement Benefits Act did not pay KRW 3,470,415 of D retirement pay and KRW 3,060,304 of E’s retirement pay, without any agreement between the parties on extension of the due date, within 14 days from the date of retirement.

2. The judgment is the case that falls 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 cannot be prosecuted against the victim's express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Act on the Guarantee of Workers' Retirement Benefits. According to the records, the above workers' withdrawal of their wish to punish the defendant after the prosecution of this case is recognized. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.