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 an agreement is reached between the parties on the extension of payment due date.

Nevertheless, the Defendant, from September 15, 2015 to January 5, 2016, did not pay wages of KRW 1,710,000 as well as wages of KRW 47,321,198, which were paid to 17 workers from September 17, 2015 to January 5, 2016, respectively, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

(b) An employer in violation of the Guarantee of Workers' Retirement Benefits Act shall, if a worker retires, pay the retirement allowance within fourteen days from the date of retirement, unless otherwise agreed by the parties concerned on the extension of the payment date

Nevertheless, the Defendant did not pay KRW 13,723,167, respectively, within 14 days from the date of retirement, as stated in the list of crimes in the attached Table, as well as KRW 4,045,852, G retirement pay from December 23, 2014 to February 20, 2016, as well as KRW 13,723,167, in total, for four employees, as described 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 to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to the statement of withdrawal of each petition filed in the trial records, the victims have been indicted after the prosecution of this case.