The victim C’s wages of the victim C retired on March 23, 2013, 200,000 won, 2,174,910 won of the victim D’s wages of the victim retired on April 30, 2013, 1,267,513 won of the victim E who retired on April 30, 2013, 2,07,422 won of the victim F’s wages retired on April 30, 2013, and 7,40,348 won of G wages of the victim retired on May 1, 2013, were not paid within 14 days from the date of retirement without any agreement on extension of the respective payment dates.

The defendant did not pay the victim C's retirement allowance of KRW 2,700,000, KRW 7,547,740, and KRW 2,369,950 for the victim E's retirement allowance of KRW 2,369,950 within 14 days from the date of retirement without any agreement on the extension of each payment date.

2. The determination is based on the following facts: (a) an offense falling under Articles 109(1) and 36 of the Labor Standards Act; and (b) Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act cannot be prosecuted against each victim’s express intent pursuant to Article 109(2) of the Labor Standards Act; and (c) proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act; and (d) the record reveals that the victims expressed their intent not to punish the Defendant around September 25, 2013, which was the date the instant prosecution was instituted. Thus, the prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act