The Defendant, at the same place of business, did not pay the total of KRW 66,791,90 and the total of KRW 12,03,930 for five retired workers within 14 days from the date of retirement, as stated in the attached crime list, including F’s wages of KRW 8,175,00 and retirement allowances of KRW 3,430,00,00, which worked from January 20, 2013 to June 15, 2014.

B. The Defendant did not pay KRW 15,367,00 in total, including the wages of KRW 367,00 in May 1, 2014 and the wages of KRW 2,500,00 in the period from June 1, 2014 to November 11, 2014, on the last day of each month, which is a regular wage payment date.

[2015 Highest 2491] The Defendant was an employer who operates E (ju) using 12 full-time workers at H in Gyeyang-gu Incheon, and the Defendant did not pay KRW 6,116,960 of G retirement pay from July 1, 2012 to December 21, 2014, within 14 days from the date of retirement without agreement between the parties on extension of the due date.

2. Each of the facts charged in the instant case is an offense falling under Articles 109(1), 36, and 43 of the Labor Standards Act, and 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 and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. Since a written agreement stating his/her intention not to punish the Defendant was submitted to this court on July 1, 2015, the instant indictment was all dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.