The prosecution of this case is dismissed.

The Defendant of the facts charged in this case employs 20 full-time workers while operating the Dongdaemun-gu Seoul Metropolitan Government 401 Location (State)C.

1. The Defendant violating the Labor Standards Act is working in the pertinent workplace from April 1, 2008 to February 13, 2013.

5,714,420 won including money and valuables 15,714,420 won, such as wages in arrears of retired workers D, and 59,032,730 won in total for four workers, such as wages in arrears, were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

2. A defendant who violates the Guarantee of Workers' Retirement Benefits Act shall work temporarily and at a place under the preceding paragraph;

The retirement allowances of the above D including KRW 10,952,460, and the total amount of KRW 30,906,930 for the retirement allowances of four retirement workers in total as shown in the attached list of crimes was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Judgment

The facts charged in the instant case are crimes 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 express 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 each of the written agreements of each of the instant workers which are bound in the trial records, each of the instant workers can be acknowledged to have withdrawn his/her wish to punish the Defendant after the institution of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.