Each of the instant public prosecutions is dismissed.

1. The summary of the facts charged is an employer who employs two full-time workers from the Gyeyang-gu Incheon, Gyeyang-gu and the second floor and operates a mutual company of “C” of “stock company.”

The Defendant did not pay 7,050,000 retirement allowances and 3,413,397 won in total, including the wage of 1,60,600,000 won on February 8, 2012 to 3, 2014, and the wage of 1,60,600,000 won on April 2, 2014, and the wage of 1,60,000,000 won on May 2014, and the wage of 1,60,60,000 won on June 6, 2014 to 1,60,000 won on retirement allowances and 3,413,397 won on extension of the payment term between the parties concerned within 14 days from the date of retirement without an agreement between the parties concerned.

2. The determination is a crime 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, which 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to the victim D’s written application for non-prosecution of punishment, the victim can be acknowledged as having withdrawn his/her wish to punish the Defendant on November 24, 2015, which is after the instant public prosecution was instituted. Thus, each of the instant public prosecution is dismissed pursuant to Article 327 subparag. 6 of