The prosecution of this case is dismissed.

1. The Defendant, as the C representative director of the Co., Ltd. in the facts charged, is an employer who runs a manufacturing business with nine full-time workers.

The Defendant did not pay KRW 2,800,00 and retirement pay KRW 18,984,457 of D’s wages in arrears and retirement pay of KRW 11,20,000 in total and KRW 64,125,303 of workers’ retirement pay as shown in the attached Table of Crimes List, as well as KRW 18,984,457, which worked from February 27, 2012 to November 30, 2017, within 14 days from each of the parties concerned, without agreement on extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Articles 109(1) and 36 of the former Labor Standards Act (the point where wages are unpaid), and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (the point where retirement allowances are unpaid);

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

C. On June 27, 2019, after the institution of the instant case, a statement of withdrawal of the complaint containing the victims’ expression of non-incompetence to punishment was submitted.

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