The prosecution of this case is dismissed.

1. The Defendant is the representative of Songpa-gu Seoul Metropolitan Government Category B (State) and is an employer who runs landscaping business with 12 full-time workers.

1. The Defendant shall enter the same workplace on March 1, 201 and work until May 30, 2013.

A retired worker D's total of KRW 5,638,660,00,000,000 for April and May 2013, without any agreement between the parties on the extension of the due date for payment, was not paid until 14 days from the date of retirement, which is the date on which the ground for payment occurred.

2. The Defendant did not pay KRW 8,054,980 as retirement allowances of the above D 14 days from the date of retirement, which is the date when the cause for payment occurred, without any agreement between the parties on the extension of the payment deadline.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and crimes falling under Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the facts that the employee D expressed his intention not to prosecute the Defendant after the institution of the instant indictment can be acknowledged. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6