The prosecution of this case is dismissed.

1. The Defendant, as the representative director of the C Co., Ltd. with the 5 and 6th floor in Gangnam-gu Seoul Metropolitan Government, is an employer who runs software development and supply business with 20 regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant is working from March 2, 2010 to August 16, 2013.

A total of 10,933,615 won, including 1,96,529 won for retired D, as shown in the separate crime list for three retired workers, was not paid within 14 days from the date of each retirement without an agreement between the parties on the extension of the due date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant is working from March 2, 2010 to August 16, 2013.

A total of 31,983,305 won, including 8,921,024 won of retirement pay for retired D, as shown in the separate crime list against five retired workers, was not paid within 14 days from the date of each retirement without an agreement between the parties on the extension of the due date.

2. The determination is based on the case that falls 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, and cannot be prosecuted against the victim’s express 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, the victims may recognize the fact that they expressed their wish not to punish the defendant after the institution of the instant prosecution. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.