All of the prosecutions of this case are dismissed.

As a representative of C located in Seosan-si B, the defendant in the factory room employed two full-time workers and operated food business.

The Defendant worked in the foregoing workplace from August 16, 201 to April 15, 2013, and had retired workers D’s total wage of KRW 13,534,940, retirement allowance of KRW 1,465,060 from August 16, 2011 to April 15, 2013, and had not been paid within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Judgment

The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and Article 109(2) of the Labor Standards Act, and Article 44 proviso of the Guarantee of Workers’ Retirement Benefits Act cannot be prosecuted against the victim’s explicit intent.

However, the record reveals that D submitted a written agreement to the effect that he/she would withdraw his/her wish to punish the Defendant on June 9, 2014, which was after the prosecution of this case was instituted. Thus, D is dismissed in entirety in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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