The Defendant violated the Labor Standards Act, from February 6, 2012 to July 25, 2014, did not pay the total amount of KRW 57,13,315 to 35 workers within 14 days from the date of retirement, as shown in the attached crime list, as well as KRW 1,66,67 of the victim D, who was employed by the said company and retired from office, within the period of 14 days from the date of retirement, as stated in the attached crime list.

B. The Defendant violated the Guarantee of Workers' Retirement Benefits Act

A total of 92,149,502 retirement allowances for total 28 workers, including 8,128,850 won of the victim D's retirement allowances, who were employed and retired as described in the list of crimes, did not pay 14 days from the date of retirement without any agreement between the parties on extension of the due date.

2. Determination and conclusion-finding. Each of the above facts charged is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparags. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act or the latter part of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, the record reveals that on September 30, 2014, after the prosecution of this case, the injured workers had withdrawn their wish to punish each defendant.

Therefore, all of the public prosecutions of this case are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.