The prosecution of this case is dismissed.

1. The accused of the facts charged is the representative director of C in Suwon-gu, Suwon-si, who ordinarily employs thirty workers and operates a postnatal care center. When the employee retires, the employer shall pay the wages, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay 1,642,850 won and retirement allowance 2,126,440 won and retirement allowance 1,640 won and retirement allowance 2,126,440 won of retired workers D who were employed in the said workplace from September 9, 2010 to May 31, 2012 within 14 days from the date when the cause for payment occurred without an agreement on extension of the due date between the parties, as shown in the attached list of crimes in the attached Table, and did not pay 35 employees’ wages totaling KRW 138,286,730 and retirement allowance totaling KRW 157,519,590 within 14 days from the date the cause for payment occurred without any agreement on extension of the due date.

2. Of the facts charged in the instant case, the charge of violating the Labor Standards Act is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act. The charge of violating the Act on the Guarantee of Workers’ Retirement Benefits is a crime falling under 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 each written withdrawal bound in the records, the victims can be acknowledged that they expressed their intent not to have the victim punished after the institution of the instant indictment. Accordingly, the instant indictment is dismissed under Article 327 subparag. 6