The prosecution of this case is dismissed.

1. The Defendant, as the representative of Yeongdeungpo-gu Seoul Metropolitan Government “D”, is an employer who runs a business support service by using 800 full-time workers.

From September 1, 2010 to February 28, 2013, the Defendant is working at a “F” workplace located in Goyang-si E.

The retired G's annual allowance of KRW 543,120 and retirement allowance of KRW 545,479 were not paid respectively within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. In light of the above determination, a public prosecution may not be instituted against the victim’s express intent under Article 109(2) of the Labor Standards Act as a crime falling under Articles 109(1) and 36 of the same Act. The non-payment of retirement allowances is an offense falling under Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act and is not instituted against the victim’s express intent under the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to the records, it can be recognized that the victim G withdraws his/her wish to punish the defendant on or around January 9, 2014, which was after the prosecution of this case was instituted. Thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.