The prosecution of this case is dismissed.

1. The summary of the facts charged in this case is as follows.

The defendant is an employer who employs seven full-time workers as the representative of the Seoul Seocho-gu Seoul Metropolitan Government Steering Group, and has engaged in automatic specialized repair business.

From December 1, 2010 to June 7, 2012, the Defendant did not pay an amount equivalent to KRW 396,660 of wages, retirement allowance of KRW 2,535,080, total amount of KRW 2,931,740 of workers D, who retired from office, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. The case is one of the crimes under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, which are not prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.

However, according to the letter of withdrawal of complaint received on January 25, 2013 in this court, it can be recognized that the employee D withdraws his/her wish to punish the Defendant on January 25, 2013, which was after the institution of the instant indictment.

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

It is so decided as per Disposition for the above reasons.