When a worker retires, the employer shall pay all money and valuables, such as wages, retirement allowances, etc., within 14 days from the date of retirement, unless otherwise agreed by the parties concerned.

Nevertheless, the Defendant, at the above workplace, worked from August 26, 201 to August 31, 2012, and retired from the workplace, did not pay the total of KRW 3,500,000 wage for August 201 of 2012 as well as KRW 3,498,950 for retirement pay and annual unpaid leave allowance for four workers within 19,926,460 from the date of retirement without agreement on the extension of the due date between the parties concerned, as shown in the attached list of crimes.

2. Of the facts charged in the instant case, the fact that wages or annual leave allowances are unpaid is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, and pursuant to Articles 109(2) of the same Act, the fact that retirement allowances are unpaid is a crime falling under Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act and cannot be prosecuted against the victim's express intent under the proviso to Article 44 of the same Act. According to the investigation report (the victim's non-prosecution report) filed on December 19, 2013, which was bound in the trial records, all workers, including E, F, G, and H, expressed their intent that they do not want punishment against the defendant after instituting the instant prosecution. Accordingly, the prosecution in the instant case is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act. It is so decided as per Disposition.