The prosecution of this case is dismissed.

1. The Defendant, as a representative of the Daejeon-gu Daejeon Metropolitan City Dcafeteria, is an employer who operates general restaurant business by employing six regular workers.

The Defendant did not pay KRW 5,047,210 within 14 days from the date of his/her retirement without an agreement on the extension of the due date between the parties concerned, as well as KRW 5,047,210, the sum of the delayed payment amount, including KRW 566,660, retirement allowances, KRW 2,780,550, and KRW 1,700,000, working as an employee from August 1, 2009 to August 11, 2013.

2. In light of the records, the court below held that the defendant could not be prosecuted against the express will of the victim under Article 109(2) of the Labor Standards Act and Article 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the records, the victim could have withdrawn his/her wish to punish the defendant on April 10, 2014, which is the date the public prosecution of this case was instituted.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.