The prosecution of this case is dismissed.

1. The Defendant, as the representative C Co., Ltd. located in Nam-gu Incheon Metropolitan City B, is an employer who runs a manufacturing business using 45 full-time workers;

(a) From March 1, 2005 to March 31, 2013 at the same place of business, 3,184,743 won, including the sum of D’s 1,041,581 won as bonus in January 2012, 2012, 1,071,581 won as bonus in September 201, and 1,071,581 won as bonus in January 2013, did not pay 3,184,743 won within 14 days from the date of retirement without agreement between the parties on the extension of the due date;

B. From March 1, 2005 to March 31, 2013, the said workplace worked and retired from D’s retirement pay of KRW 11,842,419 and KRW 23,369,919, respectively, including retirement pay of KRW 11,527,500 from July 2, 2007 to September 15, 2012, and did not pay KRW 14 days from the date of retirement without agreement on extension of the due date between the parties.

2. The determination is based on the following facts: (a) an offense falling under Articles 109(1) and 36 of the Labor Standards Act; and (b) Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act cannot be prosecuted against each victim’s express intent pursuant to Article 109(2) of the Labor Standards Act; and (c) proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act; and (d) records reveal that the victim D and E expressed their intent not to punish the Defendant around March 2014, which was the date the instant prosecution was instituted. Thus, the prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.