The prosecution of this case is dismissed.

1. 공소사실의 요지 피고인은 대전 중구 C건물, 2층에 소재한 주식회사 D의 대표자로서 상시 7명의 근로자를 사용하여 샷시창호시공업을 운영하였던 사용자이다.

The Defendant, as shown in the annexed crime list, worked from March 2, 2011 to August 12, 2012 at the above workplace, had not paid the total of KRW 33,589,032, and KRW 13,443,170, as shown in the annexed crime list, including the total of KRW 80,000,00 of wages for May 2, 2012, and KRW 33,589,032, and KRW 2,556,870, respectively, within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

2. The facts charged in the instant case are 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 under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, it can be acknowledged that the victims already declared that they would not want punishment of the Defendant around April 24, 2014, which is prior to the instant indictment. Accordingly, the instant prosecution is dismissed pursuant to Article 327 subparag. 2 of the Criminal Procedure Act