(a) An employer in violation of the Labor Standards Act shall pay all money and valuables, such as wages, within 14 days from the date of retirement, unless the employer has agreed to extend the payment deadline between the parties concerned, when the employee retires;

Nevertheless, the Defendant did not pay the total of KRW 24,66,506, including KRW 3,935,290 for D’s wages and annual unused allowances, which he/she worked at the aforementioned workplace from September 10, 2012 to February 19, 2016, within 14 days from the date of his/her retirement, without agreement on the extension of the payment period between the parties, as shown in the list of crimes in the attached Table.

(b) An employer who violates the Act on Guarantee of Retirement Benefits of Workers shall pay a retirement allowance within 14 days from the date of retirement unless the parties agree on the extension of the payment date when the worker retires.

Nevertheless, the Defendant did not pay KRW 128,673,130 in total, five retired workers, including KRW 7,123,967, who worked in the said workplace from September 10, 2012 to February 19, 2016, within 14 days from the date of retirement without agreement on the extension of payment period between the parties, as stated in the list of crimes in the attached Table.

2. The facts charged in the instant case are the 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 of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

In this regard, according to the statement of withdrawal of each complaint filed in the trial records, the victims may recognize the fact that they expressed their intention not to be punished against the defendant around August 3, 2016, which was after the prosecution of this case.