The prosecution of this case is dismissed.

1. The summary of the facts charged [2014 Highest 3871] The Defendant is an employer of Gyeyang-gu Incheon Gyeyang-gu that operates a construction company D, employing 20 full-time workers.

When a worker retires, the employer shall pay wages, retirement allowances, and other money or valuables within fourteen days after the cause for such payment occurred, unless otherwise agreed by the parties concerned about the extension of the due date.

Nevertheless, the Defendant did not pay 75,952,123 won in total, including 17,861,838 won in total, and 1,690,650 won in total, and 56,39,635 won in total, and 75,952, and 123 won in total, including 17,861,838 won in the annexed crime list, and 1,690,650 won in total, and 56,39,635 won in total, and 56,39,635 won in total, as well as 14 days in the annexed crime list, without any agreement on the extension of the payment date between the respective parties.

[2014 Highest 5108] The defendant is an employer who employs 20 full-time workers in Gyeyang-gu Incheon Metropolitan City C and operates a construction company D.

The Defendant, while working for “H” at the construction site at the Ethnju City from October 10, 201 to November 30, 2013, had not paid 23,003,440 won, including the total wage of KRW 3,59,570 in October 2013 and the total wage of KRW 3,568,170 in November 2013 and KRW 7,159,570 in November 2, 2013, as shown in the attached Table 2 of the crime list of crimes.

2. The above facts charged are crimes falling under Article 109(1) of the Labor Standards Act and Article 44 subparag. 1 of the Act on the Guarantee of Workers’ Retirement Benefits, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. According to the records, the victim J, K, F, L on July 16, 2014, after the instant indictment was instituted.