When a worker dies or retires, the employer violating the Labor Standards Act shall pay the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay the total of KRW 11,056,177 of E’s wages, who worked from November 19, 2010 to July 21, 2014 at the above workplace, within 14 days from the date of retirement where the cause for payment occurred without agreement between the parties on the extension of the due date, as shown in the attached Form.

(b) An employer violating the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay KRW 8,534,951 of E's retirement pay from November 19, 2010 to July 21, 2014 at the above workplace without any agreement between the parties on the extension of the due date.

2. Each of the facts charged above is an offense falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.

However, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since E expressed his/her intention not to be punished against the defendant on July 25, 2015, which was after the prosecution of this case.