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

Nevertheless, while the Defendant was performing the construction work with a subcontract for electrical construction from E at the E-power plant site in J in Jin-si, from July 23, 2012 to September 30, 2013, the Defendant did not pay the retirement allowances of 28,890,000 won in total and 20,855,470 won in total and 20,470 won in retirement allowances of 11 retired workers as shown in the list of crimes in the attached Table, as shown in the list of crimes committed.

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 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 of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, around February 18, 2014, which was after the institution of the instant prosecution, the victim G submitted each “written withdrawal of petition” to this court before February 19, 2014, and can be recognized as the fact that the other victims have withdrawn their wish to punish the Defendant. Thus, all of the instant prosecutions are dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.