A. The Defendant violated the Labor Standards Act was working for the said stock company C from August 1, 2013 to March 22, 2016, and did not pay KRW 1,425,940 of the retired workers D in March 2016 within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties concerned.

B. The Defendant violated the Workers’ Retirement Benefit Security Act from August 1, 2013 to March 22, 2016, was employed by the said stock company C, and the amount of KRW 3,489,88, and KRW 2,535,743 of the retirement pay of retired workers E, who were employed by the said stock company C, from October 13, 2013 to February 29, 2016, did not pay KRW 14 days from the date of retirement without any agreement on the extension of the payment period between the parties.

2. Determination

2. The judgment below is the crime falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and cannot be prosecuted against the express will of the victimized worker under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefit Security Act. The records show that D and E, the victimized worker, expressed their intent not to punish the Defendant after the indictment of this case, and thus, all of the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.