The prosecution of this case is dismissed.

1. The summary of the facts charged is that the Defendant, from around September 5, 2016, is an actual representative of corporation D, Inc., located in P, who employs approximately five full-time workers and operates transportation business.

(a) An employer in violation of the Labor Standards Act shall, if a worker dies or retires, pay the wages, compensations, or any other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the defendant did not pay KRW 833,333 of the E's wages of the worker E who retired from office around September 11, 2016, within 14 days from the date of his retirement.

(b) An employer who violates the Act on Guarantee of Retirement Benefits of Workers shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in cases where the worker retires;

Nevertheless, the Defendant did not pay KRW 11,518,015 of the retirement allowance of E of his/her retired worker on September 11, 2016, within 14 days from the date of his/her retirement.

2. The facts charged in the instant case are the crimes falling under Article 109(1) of the Labor Standards Act or Article 44 subparag. 1 of the Guarantee of Workers’ Retirement Benefits Act, and the public prosecution may not be instituted against each victim’s explicit intent under Article 109(2) of the Labor Standards Act or the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records, the victim E of the facts charged of this case can be acknowledged that the victim E has withdrawn his wish to punish the defendant after the indictment of this case was instituted.

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.