A. From April 23, 201 to May 31, 2016, the Defendant violated the Labor Standards Act, without any agreement between the parties on the extension of payment period, paid KRW 42,705,959, total amount of wages of 17 retired workers, including KRW 4,943,600, retired from the said company, as well as KRW 42,705,959, who retired from office, within 14 days from each retirement date.

B. From April 23, 201 to May 31, 2016, the Defendant violated the Act on the Guarantee of Retirement Benefits for Workers did not pay KRW 13,218,582 of the retirement allowances of C retired workers, including KRW 13,218,582 of the retirement allowances of C, as well as KRW 46,265,038 of the retirement allowances of three retired workers, within 14 days from the date of each retirement without any agreement between the parties on the extension of the payment deadline.

2. Determination

(a) Applicable Act: Article 109(1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Workers' Retirement Benefits Guarantee Act;

(b) Crimes of non-violation of an intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

C. On April 26, 2018 and September 20, 2018, after the prosecution of the instant case, the victims expressed their intention not to be punished by the Defendant.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act