The prosecution of this case is dismissed.

The defendant is the representative director of the Songpa-gu Seoul Metropolitan Government Co., Ltd. and the second floor, who runs the facility management service business.

The Defendant is working for the said company from January 6, 2012 to September 24, 2015.

The total amount of KRW 5,849,096, including wages of KRW 3,013,194, annual leave allowances of KRW 28,063, retirement allowances of KRW 2,807,839, etc., did not pay KRW 5,849,096 to retired workers D within 14 days from the date of retirement without any agreement on extension of the payment date.

The facts charged against the board of directors are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act or the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the facts can be acknowledged that the victim expressed his/her wish not to punish the Defendant on August 30, 2016, which is the date of the instant indictment. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal