A. Although an employer in violation of the Labor Standards Act has paid all money and valuables, such as wages, within 14 days from the time when the ground for such payment occurred when a worker died or retires, the Defendant did not pay 12,741,433 won in total, including 12,73 won in total, from July 16, 2007 to November 20, 2015, and 4,65,030 won in August 2015, and 4,328,760 won in September 9, 199, and 1,44,444,120 won in September 1, 205, without an agreement between the parties on the extension of the payment period.

B. Notwithstanding the fact that an employer who violated the Guarantee of Retirement Benefits for Workers retires, the Defendant did not pay retirement allowances of 109,502,483 won of the employee D's retirement allowances from July 16, 2007 to November 20, 2015 at the said workplace without any agreement between the parties on the extension of the payment deadline, even though the employer has retired from the said workplace within 14 days from the date of the occurrence of the payment cause.

2. Violation of the Labor Standards Act due to unpaid wages, and violation of the Act on Guarantee of Workers’ Retirement Benefits due to unpaid retirement allowances cannot be prosecuted against the victim’s express intent (Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Workers’ Retirement Benefits Guarantee Act), and as of September 18, 2018, D expressed his/her intent not to be punished by the Defendant, the instant public prosecution is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.