The prosecution of this case is dismissed.

1. The gist of the facts charged is that the Defendant is a user who runs a construction business (electric and fire fighting business) with seven full-time workers as the representative of the C(P) in Gangnam-gun, Gangnam-gun.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 10,800,000 from March 2, 1993 to June 5, 2013, which was employed by the said workplace from March 2, 1993 to July 5, 2013, to 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant did not pay KRW 54,364,980 of D retirement pay from March 2, 1993 to July 5, 2013 at the same place of business without an agreement between the parties on the extension of the due date.

2. Each of the above facts charged is a crime 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. Under Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act, a case in which a public prosecution cannot be instituted against each victim’s express intent. According to the “Agreement” bound in the public trial records, the fact that a worker D withdraws his/her intent to punish the defendant on December 20, 2013, which is after the instant public prosecution was instituted can be acknowledged. Accordingly, the instant public prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure