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

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

Nevertheless, the Defendant had worked from September 8, 2010 to April 30, 2018 at the above workplace and had retired D’s wages of KRW 425,180 in January 2018, and wages of KRW 918,290 in April 2018, and paid KRW 1,343,470 in April 201 within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant worked from September 8, 2010 to April 30, 2018 at the above workplace and did not pay the retirement allowance of KRW 23,979,313 to D who retired from the workplace within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

Judgment

Each of the facts charged in the instant case is an offense 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, and is not prosecuted against the explicit intent of each victim under Article 109(2) of the Labor Standards Act, and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, according to the records, it is recognized that the withdrawal of the complaint was submitted to this court on July 11, 2019, to the effect that the indictment of this case was filed on or after March 19, 2019 that the defendant does not want to be punished by the victim D.

Therefore, this is applicable.