1. When a worker retires, the employer in violation of the Labor Standards Act shall pay all money and valuables, such as wages, within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant had worked from January 15, 2007 to November 4, 2015 at the said workplace and had not paid the amount of KRW 6,990,300 on October 1, 2015 to retired workers D within 14 days from the date of retirement without agreement between the parties to the extension of the payment due date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after any cause for such payment occurred; and

Nevertheless, the Defendant did not pay the total amount of KRW 178,916,740 to 13 employees, including KRW 41,625,322 of the retirement allowances to the above D, within 14 days from the date of retirement without agreement between the parties to the extension of the payment due date.

On the other hand, the charge of violating the Labor Standards Act is an offense against the victim’s express intent under the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act, under Article 109(2) of the Labor Standards Act.

However, according to the records, the victims of this case prepared a written agreement stating the defendant's expression of no punishment for the defendant after the institution of this case and submitted it to this court.

Therefore, the facts charged in this case fall under Article 327 subparagraph 6 of the Criminal Procedure Act, “when there is an expression of intent not to punish a case that cannot be prosecuted against the clearly expressed will of the victim, or when the declaration of intent in the case is withdrawn.”