1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant, while working in the company from July 31, 2007 to May 23, 2013, did not pay KRW 1,545,804 on May 201, 2013, which was retired from office, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned, and did not pay KRW 10,014,572 in total for eight retired workers within 14 days from the date of each retirement, as described in the attached crime list.

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 the cause for such payment occurred, unless there exist any special circumstances.

Nevertheless, the Defendant did not pay the retirement allowances of KRW 4,649,063 within 14 days from the date of retirement without agreement on the extension of the due date between the parties, and did not pay the total amount of KRW 35,597,325 to eight retired workers within 14 days from the date of each retirement without agreement on the extension of the due date between the parties as shown in the attached list of crimes.

Reasons for dismissing public prosecution

1. Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act;

2. Crimes of non-violation of will: Article 109 (2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

3. Grounds for dismissing public prosecution: Subparagraph 6 of Article 327 of the Criminal Procedure Act (written withdrawal of each petition filed on December 30, 2013 and January 24, 2014).