The prosecution of this case is dismissed.

The summary of the facts charged in the instant case is that the Defendant is the representative of the D Co., Ltd. in Eunpyeong-gu Seoul Metropolitan Government and is an employer who runs real estate leasing and retail business using 20 full-time workers. From October 9, 2012 to December 9, 2015, the Defendant did not pay 16,57,905 won in total, including 14,825,185 won in the difference of wages incurred by his/her retired workers E during his/her paid leave hours and 1,772,720 won in the annual paid leave, and 16,597,905 won in the annual paid leave, without any agreement on the extension of the payment date between the parties. It did not pay 967,669 won in the difference of retirement allowances to the said workers E.

However, this is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Act on Guarantee of Workers’ Retirement Benefits (the unpaid portion of retirement benefits) and may not be prosecuted against the express will of each victim under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on Guarantee of Workers’ Retirement Benefits.

In this regard, according to the record of the Seoul Western District Court’s conciliation protocol printed out in the trial records, the victim withdrawn his/her intent to punish the defendant on January 3, 2018, which was after the prosecution of this case was instituted.

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