All of the prosecutions of this case are dismissed.

1. The Defendant, as the representative director of C in the facts charged, is an employer who ordinarily employs eight workers and operates a manufacturing business. From September 14, 2009 to October 14, 2016, the Defendant did not pay KRW 9,575,751, retirement allowance of KRW 16,13,798 in total, from August 14, 2016 to October 2016, as indicated in the separate crime list, to five workers, without any agreement between the parties on the extension of payment date, and did not pay KRW 9,575,751, retirement allowance of KRW 16,79,552 in total, from August 14, 2016 to October 14, 2016.

2. Of the above facts charged, each of the following facts charged is an offense falling under Article 109(1) and Article 36 of the Labor Standards Act, and an offense falling under Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits.

According 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, each of the above crimes cannot be prosecuted against the victim’s explicit intent or against the victim’s explicit intent.

On May 25, 2017, after the institution of the instant prosecution, the victimized workers expressed their intention not to be punished against the Defendant through each petition withdrawal and non-refluence certificate submitted on May 25, 2017.

Therefore, all of the public prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.