The prosecution of this case against the defendant is dismissed.

1. The Defendant, as the representative of the C Co., Ltd. in Gyeongbuk-si, North America, is an employer who runs a construction business using 15 full-time workers.

A. The Defendant did not pay KRW 17,175,858, total amount of wages, including KRW 4.5 million on December 2, 2015, wage of KRW 4.5 million on February 2016, wage of KRW 4.5 million, wage of KRW 4.5 million on February 2016, and wage of KRW 4.5 million on March 3, 2016, wage of KRW 3,675,858, as well as wage of KRW 17,175,858, within 14 days from the date of retirement, without any agreement between the parties to the extension of the payment period.

B. The Defendant did not pay KRW 6,852,625 of the Workers E’ Retirement Allowance within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

2. The facts charged in the instant case are the 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 and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to the statement of non-permanent sources of punishment bound in the trial records of this case, it is recognized that the victimized person E withdraws his/her wish to punish the Defendant on June 29, 2016, which was after the prosecution of this case. Thus, the prosecution of this case against the Defendant is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.