The prosecution of this case is dismissed.

1. Where a worker dies or retires, the employer of the facts constituting an offense shall pay him/her wages, retirement allowances, compensation, and all other money and valuables within 14 days after the cause for such payment occurred, unless otherwise agreed on the extension of the due date;

The defendant is the user who has been engaged in the business of manufacturing motor vehicle parts under the trade name of Geumcheon-gu Seoul Metropolitan City B.

The Defendant had workers C provide labor from February 7, 201 to May 31, 201 by having them engage in the manufacturing of automobile parts.

Nevertheless, the Defendant did not pay the total of KRW 2,346,860 to the Defendant within 14 days from the date C retires without agreement on extension of the due date.

In addition, the Defendant worked in the above company from around that time to June 19, 2012, as shown in the list of crimes in attached Form eight times in total.

Within 14 days from the date of retirement, 40,968,605 won was not paid to retired workers in total as wages, bonuses, and retirement allowances.

2. Of the facts charged in the instant case, the part on which wages are not paid is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the same Act. The unpaid part on retirement allowances is a crime falling under Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act and cannot be prosecuted against the victim’s explicit intent pursuant to the proviso to Article 44 of the same Act. According to the records of the instant case, the victims of the instant facts charged expressed their intent not to be punished against the Defendant after instituting the instant prosecution. Accordingly, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.