The prosecution of this case is dismissed.

1. The gist of the facts charged is that the Defendant is an employer who operates C PP using four full-time workers in Sejong-si B.

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, from May 15, 2006 to February 25, 2012, the Defendant did not pay KRW 1,414,280 on February 2, 2012, which was employed as a cook at the same workplace, within 14 days from the date of retirement without 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, from May 15, 2006 to February 25, 2012, the defendant works as a cook in the above workplace.

The retirement allowance of 7,986,831 won was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. Of the facts charged in this case, the violation of the Labor Standards Act is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act. The violation of the Act on the Guarantee of Workers’ Retirement Benefits 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 express intent under the proviso of Article 44 of the same Act. According to the records, the fact that the victim’s worker D withdraws 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