All of the prosecutions of this case are dismissed.

The summary of the facts charged in the instant case is that the Defendant employed seven full-time workers in the name of “stock company C” in Seo-gu, Incheon, and operates an electronic parts manufacturing company. The Defendant did not pay the amount of KRW 40,277,536 in total from October 25, 2010 to December 14, 2012, D’s wages of KRW 25,886,687, retirement allowances of KRW 7,015,311, and E’s wages of KRW 5,339,932 and retirement allowances of KRW 2,035,606, total amount of KRW 40,27,536 in total from November 11, 2010 to July 24, 2012 without agreement between the parties to each payment date.

However, this is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, or Articles 44(1) and 9 of the Act on the Guarantee of Workers' Retirement Benefits, which cannot be brought against the express will of the victimized employee 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 written agreement submitted on August 8, 2013, which was the date of the instant indictment, each of which was submitted on August 8, 2013, it can be recognized that the said employee D and E clearly expresses their intent not to punish the accused. Thus, all of the instant indictments are dismissed in accordance with Article 327 subparag. 6 of