1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant is working in the above workplace from August 1, 201 to June 1, 2016.

The retirement worker D's wages of 4,615,380 won in May 2016 and the total of 73,260,110 won in the wages of 10 workers, as shown in the attached list of crimes, have not been paid respectively within 14 days from the date of retirement without any agreement on the extension of the payment due date between the parties concerned.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant is working in the above workplace from August 1, 201 to June 1, 2016.

The retirement allowance of retired workers D, including 21,845,390 won, did not pay 58,602,800 won in total for eight employees as stated in the attached list of crimes, within 14 days from the date of retirement without any agreement on extension between the parties concerned of the due date.

2. Each of the facts charged in the instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act or Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act or the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the records, the facts can be acknowledged that the victimized workers have withdrawn their wish to punish the Defendant after the institution of the prosecution. Thus, the above indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.