The Defendant had worked from June 20, 201 to December 4, 2012 at the said workplace and had retired workers E’s wages of KRW 1,233,750 on November 201, 201, and KRW 3,372,640 on December 1, 2012, including KRW 116,130 on retirement pay, KRW 2,022,760 on retirement pay, and KRW 37 on December 2012, and KRW 106,324,320 on the wages and retirement pay of KRW 37 on workers, without an agreement between the parties on the extension of the due date for payment.

The Defendant is an employer who employs 40 full-time workers in Gangwon C and operates D Co., Ltd.

The Defendant, while working in the foregoing workplace on January 1, 2013, did not pay KRW 1,443,750 in total, within 14 days from the date of occurrence of the cause for payment, without agreement between the parties to the extension of the due date.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to each of the written withdrawal of a complaint filed in the trial records, 38 workers as stated in the instant facts charged are acknowledged to have withdrawn their intent to punish the Defendant from July 2013 to September 2013, which was the date the instant prosecution was instituted. Accordingly, the prosecution in the instant case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.