The Defendant, at the above workplace from October 4, 2012 to November 22, 2013, did not pay KRW 5,94,278 on September 9, 2013, including the sum of KRW 1,716,00 of the wage balance, KRW 2,365,374 on October 2013, and KRW 1,862,904 on November 1, 2013, and KRW 5,94,278 on November 1, 2013, within 14 days from the date of retirement without any agreement for extension of the due date.

B. The Defendant did not pay KRW 2,916,66 of D retirement pay from October 4, 2012 to November 22, 2013 at the said place of business within 14 days from the date of retirement without an agreement extending the due date for payment.

2. The facts charged in the instant case are crimes 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 each victim’s express intent under the proviso of Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the written withdrawal of the written withdrawal of the written withdrawal of the written withdrawal of D, the victim D can be acknowledged to have withdrawn his/her wish to punish the Defendant on March 28, 2014, after the instant indictment was instituted. Accordingly, each of the instant indictment is dismissed under Article 327 subparag. 6