The prosecution of this case is dismissed.

1. The summary of the facts charged in the instant case is the representative of C School in the fifth floor of the Bupyeong-si Building B, who runs other specialized high school businesses using eight full-time workers.

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

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the defendant works as a teacher from July 18, 2009 to December 17, 2018 at the above workplace.

A retired D’s total of KRW 50,736,40 and KRW 18,619,864 of retirement pay (the details of retirement pay are as shown in the list of crimes in the attached Table), KRW 33,103,704 of E’s wages and retirement pay of KRW 13,512,729 of E’s wages and KRW 46,616,433 of retirement pay (the details of retirement pay are as shown in the list of crimes in the attached Table) from April 11, 201 to February 28, 2019, without agreement between the parties on the extension of the payment date, was not paid within 14 days, respectively.

2. The determination is based on the case where a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the withdrawal of respective appeals (Complaint) from workers D and E dated May 30, 2019, the fact that the above worker expressed his wish not to punish the defendant after the institution of the instant prosecution can be acknowledged. Accordingly, each of the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.