The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant runs construction business with three full-time workers as the representative of a limited company B.

The Defendant did not pay C’s wages of KRW 5,400,000, and D’s wages of KRW 5,250,000 who provided labor from November 1, 201 to March 31, 201, and from July 1, 201 to April 15, 2014, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

B. The Defendant, from November 1, 201 to March 31, 2014, did not pay C retirement pay of KRW 4,349,590 and D retirement pay of KRW 4,214,320 from July 1, 201 to April 15, 2014, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. Article 109(2) of the Labor Standards Act provides that an employer may not prosecute a worker against his/her explicit intent if the employer fails to pay any money or valuables, such as wages, within 14 days after his/her retirement.

The proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act provides that if an employer fails to pay a retirement allowance, a public prosecution may not be instituted against the explicit will of the victim.

However, according to the records, the victim C and D expressed their intention not to have the defendant punished after filing 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.