The prosecution of this case is dismissed.

1. The Defendant in the facts charged in the instant case is a representative director D (ju) in Gyeonggi-gu Co., Ltd. who runs a transport business with ten full-time workers.

The Defendant did not pay KRW 2,00,00 in total, KRW 560,00 in May 201, 2014, and KRW 560,00 in June’s shutdown allowance, KRW 560,00 in July’s shutdown allowance, KRW 560,00 in September 201, and KRW 330,00 in September 2014, within 14 days from the date of his/her retirement without any agreement between the parties on the extension of the due date.

In addition, the Defendant did not pay KRW 284,134 in the remainder of E retirement pay from September 11, 2013 to October 24, 2014 at the same place of business within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. Determination: (a) The crime falls 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; (b) which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act; and (c) proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act; and (d) the victim may recognize the fact that he/she has withdrawn his/her expression of intent to punish the Defendant on October 16, 2015, after the public prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6