Each of the instant public prosecutions is dismissed.

1. The Defendant, as the representative of “stock company C” in the facts charged, is a person who exercises overall control over the business of the said company.

When a worker retires, an employer shall pay the wages, compensations, retirement allowances, and other money or valuables within 14 days after the cause for such payment occurred: Provided, That the period may, under special circumstances, be extended by mutual agreement between the parties concerned.

Nevertheless, the Defendant, from February 23, 2017 to January 31, 2019, did not pay KRW 2,050,00 for retired workers D's wages in December 2, 2018, KRW 2,269,530, retirement allowances, KRW 4,028,849, and KRW 2,583,333, and KRW 2,702, annual allowances, KRW 4,250, KRW 2270, and KRW 279 of January 2019 to his/her retired workers who were employed as the manufacturing leader at the same workplace from November 2, 2010 to March 31, 2019; and did not pay KRW 2,583,333, monthly wages in February 2, 2019; and KRW 2,721, annual allowances in March 3, 202, KRW 980, KRW 207, and KRW 279.

2. Each of the facts charged in the instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to the trial records, the victim D after the prosecution of this case was instituted on July 12, 2019, and the victim E expressed an intention not to be punished against the defendant on July 17, 2019. Thus, each of the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.