When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.

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

The Defendant, at the same place of business, worked from July 1, 2015 to January 26, 2019 at the same place of business, and retired from D’s wages of KRW 3,522,580 on January 1, 2019 and retirement allowances of KRW 5,610,352 on January 1, 2019, and the total of KRW 47,151,320 on wages and retirement allowances of KRW 186,695,928 on the total of 16 retired workers, as indicated in the attached list of crimes, did not pay the said amount within 14 days from the date when the cause for payment occurred without an agreement on the extension

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the express will of the victimized employee under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records, it is recognized that 16 retired workers, including workers D, have withdrawn their wish to punish the defendant after the indictment of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.