The prosecution of this case is dismissed.

1. The Defendant is the representative of the limited partnership C in Songpa-gu Seoul Metropolitan Government, who employs 25 full-time workers and engages in construction business.

The defendant shall work in the above workplace from April 1, 2005 to August 8, 2012.

A retired worker D shall work in the relevant workplace from April 27, 201 to July 30, 2012, in the aggregate of 16,716,443 won, such as retirement allowances, and in the same workplace from April 27, 2011.

The retired workers E did not pay 13,512,348 won in total, such as retirement allowances, within 14 days from the date on which the grounds for payment occur, without any agreement between the parties on the extension of payment dates.

2. The facts charged in the instant case are crimes falling under Article 109(1) of the Labor Standards Act and Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the employee’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. Since the said employee expressed his/her intent not to punish the Defendant after the instant indictment, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.