The prosecution of this case is dismissed.

1. The summary of the facts charged is the user who runs software development business using 17 full-time workers, as the representative director of the Dispute Resolution D Co., Ltd. in the Gyeonggi-gu Seoul Metropolitan City, Sung-gu B and C.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay 39,865,590 won, including 6,666,666 won in February 2, 2009 and 39,865,590 won in total, which is 39,865,590 won in the attached Table, within 14 days from the date of retirement, as well as 6,66,666 won in February 2, 2018, when he/she worked at the above workplace from February 2, 2009

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant did not pay KRW 62,125,364 in total for six retired workers, as well as KRW 118,850,629 in the attached Table, as well as KRW 62,125,364 in E’s retirement allowances, which were worked in the above workplace from February 2, 2009 to March 10, 2019, within 14 days from the date of retirement in which the cause for the payment in arrears occurred, without agreement between the parties to the extension of the payment

2. Determination

(a) Applicable provisions of Acts: Articles 109(1) and 36 of the Labor Standards Act, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-performance of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. After filing the instant indictment, each of the workers indicated in the attached Table on the details of arrears expressed their intent that they do not want to punish the Defendant (the withdrawal of the petition)

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;