(a) An employer in violation of the Labor Standards Act shall, if a worker retires, pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 2,00,000 as wages of September 2, 2016 to retired workers D who worked in the said workplace from June 17, 2010 to September 20, 2016 at the said workplace within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

(b) An employer who violates the Act on Guarantee of Retirement Benefits of Workers shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in cases where the worker retires;

Nevertheless, the Defendant did not pay KRW 18,396,60 of D retirement pay within 14 days from the date of retirement without agreement between the parties on the extension of payment period.

2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act, and each of the crimes cannot be prosecuted against the employee’s explicit intent under the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

According to the records, it is recognized that the employee D submitted a criminal agreement after the prosecution of this case and withdrawn his/her wish to punish the defendant. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.