The prosecution of this case is dismissed.

1. The summary of the facts charged is a person who runs a construction business as the representative director of D, and from September 1, 2008 to March 10, 2014, the Defendant did not pay KRW 5,038,480, and retirement allowance of KRW 11,971,910 as well as KRW 176,559,546, and KRW 24,871,310 as well as retirement allowance of KRW 32 employees listed in the annexed crime list, without agreement on extension of the payment deadline between the parties concerned.

2. Of the facts charged above, the unpaid wages are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Article 109(2) of the Labor Standards Act cannot be prosecuted against the victim’s express intent under the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act, which constitute crimes falling under Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the records, all of the workers listed in the attached list can be aware of the facts that the victim expressed his/her wish not to punish the defendant after the institution of the instant prosecution. Accordingly, this part of the prosecution is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.