The prosecution of this case is dismissed.

The Defendant is the representative of Seongdong-gu Seoul Metropolitan Government 6th floor of B building in Seongdong-gu, who runs software development and supply business with 15 regular workers.

The defendant works in the above workplace from July 17, 2006 to January 1, 2013.

The retired worker D's wages and retirement allowances of KRW 31,940,943 as well as KRW 54,923,905, respectively, did not pay 54,923,905 won in total for three workers within 14 days from the date of retirement, as described in the list of crimes in the attached list of crimes.

The defendant of Seongdong-gu Seoul Metropolitan Government 2014 Highest 3950 is the representative of the (main)C in the sixth floor of B building in Seongdong-gu, who runs software development and supply business using 22 regular workers.

The Defendant is working in the foregoing workplace from August 1, 2007 to September 30, 2012.

The retirement worker E did not pay the total amount of 41,643,209 won within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned.

Judgment

The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the express will of the victims under the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to the records of this case, it is recognized that workers F and E expressed their intent not to punish the Defendant on December 15, 2014, workers G and D, respectively, after the instant indictment was instituted. Thus, the instant prosecution is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.