The prosecution of this case is dismissed.

1. The gist of the facts charged is that the Defendant is the representative of the D Co., Ltd. located in the Jeonnam-gun, who ordinarily employs 189 workers and operates civil engineering, design, comprehensive supervision, etc.

From April 1, 2008 to April 17, 2012, the Defendant is working in Seoul Office (Seoul E) of the said company (Seoul E).

A total of 33,728,475 won, such as wages and retirement allowances, etc. of retired employees, and 2,713,914,405 won, such as wages and retirement allowances, etc., of retired employees, was not paid respectively within 14 days from the date of retirement without an agreement between the parties on the extension of the due date, as shown in the attached list of crimes.

2. The above facts charged are crimes stipulated in Articles 109(1) and 36 of the Labor Standards Act and crimes stipulated in 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 to Article 44 of the Guarantee of Workers' Retirement Benefits Act. [Provided, That the part of payment of retirement allowances to employees G and H, other than employees, constitutes crimes under Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 2011). Thus, the above Acts do not stipulate the above crimes as crimes against non-prosecution, but the above crimes were revised as anti-rape punishment under the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act amended by Act No. 10967, Jul. 25, 201; however, the above revised Act is more favorable to the defendant. 2065(see, 20608).