The prosecution of this case is dismissed.

The summary of the facts charged in this case is that the defendant, as the representative director of the corporation B, employs 20 full-time workers. From May 15, 2017 to January 26, 2018, C's wages of 6,652,510 won, and from September 7, 2015 to January 4, 2018, D's wages of 11,573,674 won, retirement allowances of 9,413,515 won, were not paid within 14 days from the date of retirement without agreement on extension of payment period.

The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44(1) and 9 of the main text of the Act on the Guarantee of Workers’ Retirement Benefits (the point of arrears of wages), and cannot be prosecuted against the victim’s explicit 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.

The record reveals that on November 5, 2018, after the prosecution of this case was instituted, the injured workers expressed clearly their intention not to be punished against the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.