1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the defendant is working from October 18, 201 to January 31, 2013 at the above workplace.

The retired worker D's total amount of 36,025,749 won, including KRW 1,576,623 of the deposit in October 2012, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date, as stated in the attached list of crimes.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant did not pay 6,286,533 total retirement allowances of 5 retired workers within 14 days from the date of retirement without agreement between the parties on extension of the due date, as stated in the attached list of crimes.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act and crimes falling under Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent pursuant to 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, workers D, E, F, G, and H are recognized on August 1, 2013, which are after the institution of the instant indictment. Thus, the instant prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.