All of the prosecutions of this case are dismissed.

The summary of the facts charged in this case is as follows: while the defendant is a real representative of C Co., Ltd. in Seongbuk-gu, Sungnam-si, and has been engaged in surveying business by using six regular workers, the defendant did not pay 24,624,802 won in total of five workers' wages and retirement allowances within 14 days from the time of retirement without agreement on the extension of the payment date between the parties concerned, as shown in the attached list of crimes, including wage 4,975,682 won from January 4, 2013 to March 4, 2014, and retirement allowance 2,306,428 won from the time of retirement.

Judgment

In conclusion, each of the facts charged is a crime 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 (the violation of the duty to liquidate money and other valuables). Under Article 109(2) of the Labor Standards Act or the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act, a public prosecution may not be instituted against the victim’s express intent. According to each of the statements on withdrawal of each complaint (petition) bound in the records, it is clear that the victimized workers of this case voluntarily withdrawn their intent to punish the Defendant on Oct. 13, 2014 after the institution of public prosecution.

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