All of the prosecutions of this case are dismissed.

1. The summary of the facts charged is that the Defendant, as the representative of D in Gwangjin-si, is an employer who engages in restaurant business using two full-time workers.

(a) When an employer violating the Labor Standards Act retires, he/she shall pay wages, compensations, and all other money and valuables, unless the parties have agreed on the extension of the fixed date due to special circumstances, within 14 days after the cause for such payment occurred;

From May 21, 2012 to March 15, 2015, the Defendant did not pay KRW 1,176,000 to retired workers E’ wages, and KRW 1,350,000 of retired workers’ wages, within 14 days from the date of retirement, without any agreement between the parties on the extension of the fixed period.

(b) An employer who violates the Act on Guarantee of Retirement Benefits of Workers shall, in cases where a worker retires, pay the retirement allowance within 14 days after the ground for such payment occurred, unless otherwise agreed by the parties concerned on the extension of the due date.

From May 21, 2012 to March 15, 2015, the Defendant did not pay KRW 4,310,470 of retirement pay of retired workers E, and KRW 2,911,230 of retirement pay of retired workers, within 14 days from the date of retirement, without any agreement between the parties on the extension of the date.

2. 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 Workers’ Retirement Benefit Security Act. Under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act, a public prosecution cannot be instituted against the victim’s explicit intent. According to the records, the victims can be acknowledged as having withdrawn their wish to punish the Defendant after the instant indictment. Thus, the instant case is subject to Article 327 subparag. 6 of the Criminal Procedure Act.