When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and 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.

Nevertheless, the Defendant, at Ansan-si, worked in F from February 1, 2016 to November 30, 2018 and did not pay the retired workers H wages of KRW 200,000 on May 2017, 2017, wages of KRW 400,000 on October 1, 2018, wages of KRW 80,000 on November 1, 2018, and KRW 2,200,000 on December 8, 2018, as well as KRW 2,20,000 on December 12, 2018, within 14 days from the date on which the grounds for the payment occurred, without any agreement between the parties on the extension of the date.

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

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

Nevertheless, the Defendant, at Ansan-si, worked from G in F to November 30, 2018 from February 1, 2016 to November 30, 2018, and did not pay KRW 2,214,808 of retirement pay to retired workers H within 14 days from the date of retirement without an agreement on extension of the due date between the parties.

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 Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against each victim’s express intent pursuant to Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the statements on the withdrawal of a written complaint (se complaint and accusation) prepared by the employee H bound in the trial record.