The prosecution of this case is dismissed.

The summary of the facts charged in the instant case is that the Defendant, as the representative director of the Kucheon-gu, Kucheon-si, the Defendant is an employer who employs 11 full-time workers and operates cleaning service business. On May 15, 2013, at the E Hospital located in Gangseo-gu, Seoul around November 1, 2010, and at the E Hospital located in Gangseo-gu, Gangseo-gu, Seoul, the amount of wages of KRW 1,400,000 on March 3, 2013 for retired workers F, and the amount of wages of KRW 1,40,00,000 on April 1, 2013, including KRW 3,37,386 on the total amount of wages of KRW 1,337,386 on retirement allowances, as indicated in the attached list of crimes. The Defendant did not pay KRW 44,325,023 within 14 days from the date of retirement without agreement on the extension between the parties.

However, this case’s case is an offense 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, and cannot be prosecuted against an employee’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. According to the records, it can be acknowledged that the employee expressed his/her intent not to be punished against the Defendant on November 29, 2013, after all of the employees were prosecuted. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act