The prosecution of this case is dismissed.

Punishment of the crime

The defendant is an employer who operates a sanatorium for older persons by using 15 full-time workers as the representative of the E located in Gyeyang-gu Seoul Metropolitan City D.

1. The Defendant violated the Labor Standards Act at the above workplace, while serving as an employee from October 19, 2007 to June 22, 2014, the Defendant did not pay KRW 4,134,240 of the F’s weekly paid leave allowances and annual paid leave allowances and annual paid leave allowances, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline.

2. The Defendant in violation of the Act on the Guarantee of Retirement Benefits for Workers did not pay a total of KRW 6,588,460,000 to the retired workers F, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment period.

2. Each of the facts charged of the instant case is an offense 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, and is not 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.

On January 6, 2017, however, after the instant indictment was instituted, the employee F voluntarily withdrawn his/her wish to punish the Defendant.

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