1. When a worker retires, the employer shall pay him/her all money or valuables, such as wages, within fourteen days from the date of retirement unless agreed upon the extension of the due date;

Nevertheless, the Defendant did not pay 12,51,910 won, including C’s retirement pay of 7,692,490 won, which worked from November 9, 2004 to April 12, 2012 at the above workplace, within 14 days from the date of each retirement without an agreement on the extension of the due date between the parties, as stated in the attached list of crimes.

2. An employer shall pay retirement allowances within 14 days from the date of retirement, unless otherwise agreed by the parties concerned to extend the payment date.

Nevertheless, the Defendant did not pay 20,446,360 won in total, including D retirement allowance of 5,696,610 won, which worked from September 1, 2009 to July 31, 2012 at the above workplace, within 14 days from the date of each retirement without an agreement on the extension of the due date between the parties, as described in the attached list of crimes.

Ⅱ The above facts charged 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, and cannot be prosecuted differently from the victim’s explicit intent 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. According to the records, the victim C and E are acknowledged to have withdrawn their wish to punish each Defendant on April 23, 2013, which is after the prosecution of this case. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.