All of the prosecutions of this case are dismissed.

The summary of the facts charged is a person who has employed approximately three full-time workers in Dongdaemun-gu Seoul Metropolitan Government and operated the engineering service business chain D.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 25,50,000 as the sum of wages from March 1, 2012 to July 31, 2013 to the victim E, who is an employee employed by the said company, within 14 days from the date of retirement without an agreement between the parties on extension of the due date.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay 2,106,130 won of retirement allowances for the period of the above service of the victim E, who was a worker retired while serving as described in paragraph (1), within 14 days from the date of retirement, without any agreement between the parties on extension

Judgment

The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits (Article 44(2) of the Act. Under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits, a public prosecution cannot be instituted against each victim’s clearly expressed intent. The victim E is recognized to have submitted an application for non-prosecution of punishment to the effect that he is not punished against the Defendant on June 2, 2015, which is the date of the instant public prosecution. Thus, all of the prosecution charged in this case is dismissed under Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.