(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay the total amount of KRW 228,69,324 of wages and bonuses of 83 persons in arrears as well as KRW 2,301,00 in June 18, 2015, and KRW 820,60 in June 2016, and KRW 820,60 in June 2016, as stated in the separate sheet (excluding No. 41,59, 70, 76, 88, and 89 at the same time) of each individual in arrears, without agreement between the parties to the extension of the payment date, within 14 days from the date of retirement.

(b) An employer who violates the guarantee of retirement benefits of an employee shall, if the employee retires, pay the retirement allowance within 14 days after the ground for such payment occurred;

Nevertheless, the Defendant did not pay the total amount of KRW 374,25,091, including KRW 3,015,471, which was worked as a general manager at the above workplace from June 18, 2015 to July 31, 2016, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline, as well as the detailed statement of the money and valuables in arrears by each individual (except No. 6, 8, 12-14, 21, 37, 42, 48, 54, 61, 71, 87).

2. Determination

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

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

(c) Unwritten expression of intention not to punish: The withdrawal of complaint filed on December 27, 2015, which was after the institution of public prosecution of this case.

D. Judgment dismissing a public prosecution: It is so decided as per Disposition on the grounds of Article 327 subparag. 6 of the Criminal Procedure Act or more.