1. The Defendant in violation of the Labor Standards Act did not pay KRW 6,951,200, including the victim K’s wage, etc., who was employed at the said establishment from September 14, 201 to January 31, 2014, totaling KRW 15,225,893, including the wage, etc., for the total four workers, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment date between the parties concerned.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 26,793,815 as well as KRW 8,624,045 of the Victim K’s Retirement Benefits, which was an employee retired while working as above at the time and place specified in paragraph (1), within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

Judgment

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 Act on the Guarantee of Workers' Retirement Benefits (Article 44(2) of the Act. Under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Act on the Guarantee of Workers' Retirement Benefits, a public prosecution cannot be instituted against the victim’s express intent. The victims are not punished against the Defendant on June 15, 2015, which is the date of the instant public prosecution. Thus, it is recognized that the victims submitted an application for non-prosecution of punishment to the effect that they are not punished against the Defendant on June 15, 2015, which is the date of the instant public prosecution. Accordingly, all of