The prosecution of this case is dismissed.

The summary of the facts charged is that the defendant is engaged in the metal surface disposal business in the name of "C" with five regular workers at Bupyeong-gu Incheon Metropolitan City, and works from March 13, 2012 to April 30, 2016 at the above place of business.

A retired worker D's total amount of wages of KRW 6,889,904 and retirement allowance of KRW 12,768,568, as stated in the attached list of crimes, including KRW 1,607,640 on March 3, 2014, was not paid within 14 days from the date of retirement without an agreement on extension of the payment due date.

Judgment

The above facts charged constitute a crime falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44(1) and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, which cannot be prosecuted against the express will of the victims under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, in light of the contents of the “written withdrawal of petition” submitted to this Court on September 9, 2016, it is recognized that the above employee expressed his/her intent not to be punished against the defendant after the prosecution of this case.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act. It is so decided as per Disposition.