The prosecution of this case is dismissed.

1. The Defendant is the representative of the Seoul Special Metropolitan City Gwangjin-gu Building No. 401, who operates the construction business by using three regular workers.

The defendant is working as a site manager from August 1, 2012 to September 30, 2013 at the same place of business.

① Wage of KRW 50,000 on April 201, 201, wage of KRW 3,500,000 on June 6, 2013, wage of KRW 3,500,000 on July 7, 2013, wage of KRW 3,500,000 on August 8, 2013, wage of KRW 3,500,000 on September 3, 2013, and salary of KRW 14,50,000 on retirement pay and KRW 3,278,502 on retirement pay were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. Determination as above ① Crimes falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the same Act; ② Crimes falling under Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s express will pursuant to the proviso to Article 44 of the same Act; and according to the statement in the letter of withdrawal of petition received on January 20, 2015, it is recognized that D, the victim of the instant case, withdrawn his/her expression of intent to punish the Defendant after the instant indictment was instituted. Accordingly, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.