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

Nevertheless, the Defendant, at the above workplace from March 2, 2015 to June 15, 2016, did not pay the total of KRW 17,529,000 for four workers as stated in the attached crime list, as well as KRW 2,00,00 of the wages of the retired workers D on May 2, 2016, within 14 days from the date of retirement, without any agreement between the parties to the extension of the payment deadline.

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 any cause for such payment occurred; and

Nevertheless, the Defendant did not pay the total amount of KRW 43,526,196 to four employees, including KRW 2,556,329 as well as KRW 43,526,196 to the above D, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

However, 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 Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the employee’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. The facts that the said employee submitted a written withdrawal containing an intention of not wanting to be punished against the Defendant on October 26, 2016, after the instant indictment, can be acknowledged. Thus, all of the instant indictments are dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

It is so decided as per Disposition for the above reasons.