The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant is a business owner who runs a medical service business using 28 full-time workers from Esan Women and Ma in racing-si.

The Defendant, on November 15, 2010, retired from office by the victim FF who had worked as a medical nurse specializing in anesthesia at the above hospital, but did not pay 2.8 million won of the monthly wage of November 2010 and 33,030,370 won of the retirement allowance within 14 days from the date of retirement without agreement on the extension of the due date.

2. In light of the above facts charged, 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 [the Act on the Guarantee of Workers' Retirement Benefits (amended by Act No. 10967, Jul. 25, 201); Articles 31 and 9 of the former Act on the Guarantee of Workers' Retirement Benefits (amended by Act No. 10967, Jul. 25, 201); and the Act on the Guarantee of Workers' Retirement Benefits (amended by Act No. 10967, Jul. 25, 201; hereinafter referred to as the "Act on the Guarantee of Workers' Retirement Benefits") provide that a public prosecution against the victim's express intent under the proviso to the main sentence of Article 4 shall not be instituted against the victim's express intent. Accordingly, the victim who wishes to institute a public prosecution against the defendant cannot be prosecuted against the victim's expression of intent under Article 109(2) and the proviso to Article 44 of the Criminal Procedure Act is dismissed.