The prosecution of this case is dismissed.

1. The summary of the facts charged is the user who runs software development business as the representative director of the (ju)C in Gwangjin-gu, Seoul.

1. When a worker retires, an employer shall pay wages, compensations, and all other money or valuables within 14 days from the date on which the cause for such payment occurred;

Nevertheless, the Defendant had worked in the above workplace from April 8, 2013 to June 30, 2016, and had not paid KRW 2,139,100 to retired workers as well as KRW 12,770,670 in total for four workers within 14 days from the date of each retirement, as shown in the list of crimes in the attached Table.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 9,325,601 of the said employee D’s retirement pay within 14 days from the date of retirement, and did not pay KRW 40,728,295 in total for four employees as stated in the list of crimes in the attached crimes.

2. The facts charged in the instant case are crimes falling under Article 109(1) of the Labor Standards Act, Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the intent expressed by the victimized employee under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records of the instant case, it is recognized that each injured employee listed in the attached list expressed his/her intention not to have his/her punishment against the Defendant after the prosecution by the prosecutor.

Therefore, the 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.