1. The Defendant did not pay the total of KRW 24,63,80 of the wages of six retired workers within 14 days from the date of occurrence of the cause for payment without an agreement on extension of the due date between the parties, as shown in the attached crime list, including KRW 1,99,480 of D’s work hours from February 1, 2005 to February 28, 2013, and KRW 1,99,480 of wages on December 12, 2012, and KRW 2,082,640 of wages on February 2, 2013, and KRW 6,164,760 of wages of six retired workers, as stated in the attached crime list.

2. The Defendant did not pay 18,028,710 retirement allowances of five retired workers as well as 4,465,190 retirement allowances of D, who worked for the same period at the above workplace, within 14 days from the date when the cause for the payment occurred without agreement between the parties on the extension of the due date, as shown in the annexed List of Crimes.

2. On the other hand, the determination of the facts charged in the instant case falls under Articles 109(1) and 36 of the Labor Standards Act, and Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act, and thus, a public prosecution may not be instituted against the employee’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers

However, according to the records, each worker mentioned in the facts constituting the crime of this case can be recognized as having withdrawn his/her wish to punish the defendant after the indictment of this case was instituted.

Therefore, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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