When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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 is conducting textile inspection from October 6, 2010 at the above workplace.

On March 31, 2013, the amount of KRW 4,96,180, the total of KRW 1,396,180, the wage of January 2013, KRW 1,282,010, the wage of February 1, 2013, KRW 503,220, the wage of March 2013, KRW 4,960,450, the business suspension allowance of March 2013, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the payment term.

(b) An employer shall, where a worker dies or retires, pay the retirement allowance within 14 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 did not pay KRW 3,083,320 of retirement allowances of retired workers D on March 31, 2013 at the above workplace within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned.

2. We examine the judgment. The facts charged in the instant case are crimes 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 the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. According to the employee D’s written agreement, the above employee expressed his wish to punish the Defendant on August 20, 2013, which is the date of the instant indictment.