The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant, as the representative of the CFC located on the 3th floor, Yeongdeungpo-gu, Young-gu, Seoul, is an employer who runs educational service business using six 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.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the foregoing workplace, served as a play teacher from April 1, 2013 to October 31, 2014, and retired from office, did not pay 7,356,100 won in total for three workers within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties concerned, as shown in the attached crime list, including KRW 100,000,000.

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

Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.

Nevertheless, the Defendant, at the foregoing workplace, was serving as a play teacher from April 1, 2013 to October 31, 2014, and did not pay KRW 2,715,670 of the D retirement pay within 14 days from the date on which the cause for the payment occurred without an agreement on the extension of the due date between the parties concerned.

2. The facts charged in the instant case are crimes falling under Article 109(1) of the Labor Standards Act, which fall under Article 109(2) of the same Act or Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent under the proviso to Article 44 of the same Act. According to the records of the instant case, it can be acknowledged that the workers have withdrawn their wish to punish the Defendant after the instant indictment. As such, Article 327 of the Criminal Procedure Act