The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant, as the actual manager of C (State) in Gangnam-gu Seoul and 201, is a person who provides service business (construction design and supervision services) using five full-time workers.

(a) An employer in violation of the Labor Standards Act shall, if a worker retires, pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay the total amount of KRW 196,228,950,00 from June 10, 2012 to December 26, 2016, as well as KRW 476,650, which was retired from the said workplace, within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

Nevertheless, the Defendant did not pay KRW 22,709,750 of D retirement pay from May 10, 2012 to December 26, 2016 at the same place of business within 14 days from the date of retirement without any agreement on the extension of payment deadline between the parties.

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

According to the records, it can be acknowledged that the victim expressed his/her intent not to punish the defendant after the prosecution of this case was instituted.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.