The prosecution of this case is dismissed.

1. Criminal facts;

(a) When a worker dies or 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;

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the above workplace from March 22, 2010 to July 28, 2020, did not pay KRW 59,065,383, annual salary, KRW 12,769,379, year-end settlement refund, KRW 1,146,950, including KRW 72,981,71, within 14 days from the date of retirement without agreement on the extension of the payment date between the parties, as stated in the attached crime list, as well as KRW 1,743,348, Oct. 2, 2019.

(b) 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; and

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked in the above workplace from March 22, 2010 to July 28, 2020 and did not pay 27,863,357 won in total as retirement allowances of the retired workers from April 17, 2017 to July 28, 2020, including 10,980,418 won of retirement allowances of C from April 17, 2017 to July 28, 2020.

2. Violation of the Labor Standards Act due to the payment of wages and the Act on Guarantee of Workers' Retirement Benefits due to the payment of unpaid retirement allowances cannot be prosecuted against the victim’s express intent (Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act). Since workers in the facts charged expressed their intent not to be punished by the defendant, Article 327 subparag. 6 of the Criminal Procedure Act