All of the prosecutions of this case are dismissed.

1. The Defendant, as the representative director of C in the fourth floor of Seocho-gu Seoul Metropolitan Government, was engaged in software development and supply business with five full-time workers:

(a) No employee D’s retirement wage of 2,016,129 won, which was worked from February 1, 2011 to December 15, 2015 at the same place of business, shall be paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement between the parties on the extension of the due date;

B. From September 13, 2010 to January 16, 2016 at the above workplace, the employee E’s retirement allowance of KRW 10,022,250, and the total amount of KRW 46,67,210, as shown in the list of crimes in the attached Table, did not pay KRW 46,67,210 within 14 days from the date of retirement, which is the date on which the relevant cause for payment occurred, without any agreement between the parties on the extension of the due date.

2. The facts charged above are crimes falling under Articles 109(1) and 36 of the Labor Standards Act or Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the employee’s explicit intent under Article 109(2) of the Labor Standards Act or the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. The facts can be acknowledged that the victimized employee submitted a written withdrawal containing his/her intent not to be punished against the Defendant after the instant indictment was instituted. Thus, the above indictment is dismissed in entirety pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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