The prosecution of this case is dismissed.

1. The Defendant is an employer who employs 15 full-time workers in Gangnam-gu Seoul Metropolitan Government and operates a construction business chain (ju)C.

An employer shall pay wages, compensations, and other money, valuables, and retirement benefits to a worker within 14 days from the date of his/her retirement, and, if a cause prescribed by Presidential Decree occurs, such as retirement of a participant of a retirement pension plan during the fixed period of retirement, the employer fails to pay the contributions to the participant, if such cause or event occurs, he/she shall pay the contributions and interest accrued on the late payment period to the relevant participant within 14 days from the date

Nevertheless, the Defendant, from July 1, 1987 to July 31, 2014, worked in the said (State) D, where he retired workers E, did not pay KRW 20,262,780, and KRW 67,324,705, such as the wages of the retired workers E, within 14 days from the date of his retirement, and did not pay KRW 81,576,048, total amount of retirement allowances, and KRW 160,69,459, total amount of unpaid pension and interest of KRW 13,867,439, and KRW 256,133,966, without any agreement on the extension of the due date between the parties, and did not pay it to the relevant defined retirement pension plan account within 14 days from the date of his retirement without any agreement on the extension of the due date.

2. Of the facts charged in the instant case, each of the wages and annual paid leave allowances is a crime falling under Articles 109(1) and 43 of the Labor Standards Act, which cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the same Act. The fact that each of the delayed payment of retirement allowances is an offense falling under Articles 44 subparag. 1 and 9 of the Workers’ Retirement Benefits Guarantee Act, and the fact that each of the delayed payment of the retirement pension contributions and interest are overdue is an offense falling under Articles 44 subparag. 2 and 20(5) of the same Act and cannot be prosecuted against the victim’s explicit intent pursuant to the proviso to Article 44 of the same Act.