A. The Defendant violated the Labor Standards Act: (a) on April 20, 2012, from around November 9, 2016 to around November 9, 2016, the Defendant did not pay the total of KRW 318,437,867 of the wages of 140 workers as well as KRW 1,108,060 on October 1, 2016 of the workers D, who worked in the said workplace from around the said workplace, within 14 days from the date of each retirement without agreement on the extension of the payment deadline between the parties.

B. The Defendant violated the Act on the Guarantee of Retirement Benefits for Workers did not pay 188,73,884 won, including 7,99,877 won of retirement allowances of workers D who worked in the said workplace from April 20, 2012 to November 9, 2016, including 7,99,877 won of retirement allowances of workers D from the said workplace, within 14 days from the date of each retirement without any agreement on the extension of payment period between the parties concerned.

2. We examine the judgment. The facts charged of this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, and cannot be prosecuted against the express will of the victimized employee under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the records, the facts can be acknowledged on March 24, 2017 and April 17, 2014, which were after the public prosecution of this case was instituted, that the victimized employee expressed his/her wish not to punish the Defendant. Thus, the public prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.