The prosecution of this case is dismissed.

1. The summary of the facts charged is the representative of D Co., Ltd. established mainly for construction business in Seocho-gu Seoul Metropolitan Government.

The Defendant did not pay the victim E’s wages of 14,535,300 won (2,535,300 won for February 2016, wage of 4,000,000 won for March 2016, and wage of 4,00,000,000 won for April 2016, and wage of 4,00,000,000 won for May 31, 2016) and retirement allowances of 12,464,700 won for the victim’s retirement from the date of payment to May 31, 2016, without any agreement between the parties on the extension of the payment period.

2. The facts charged in the instant case cannot be prosecuted against the explicit intent of each victimized employee pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the records, it is clear that the victimized employee withdrawn his/her wish to punish the Defendant after the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.