When an employee retires, the employer shall pay him/her wages within fourteen days after the cause for such payment occurred.

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

Nevertheless, the defendant did not pay 2,40,500 won in total, including the wages of 1,038,900 won in September 2015, 2015, which worked from September 1, 2015 to October 31, 2015 at the same place of business, within 14 days from the date on which the grounds for payment occurred, without an agreement between the parties on the extension of the payment deadline.

2. We examine the judgment. This is a crime falling under Articles 109(1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim’s express will by the person who works against the victim under Article 109(2) of the Labor Standards Act. According to the records, the facts can be acknowledged on June 16, 2016, after the public prosecution of this case was instituted by the victim E, which expressed his/her wish not to punish the defendant. Thus, the public prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.