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

Nevertheless, the defendant worked in the above construction site from June 20, 2015 to September 30, 2015 and did not pay C's wages of KRW 1,120,000 on June 6, 2015 within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline between the parties, and did not pay KRW 50,795,000 in total for five persons who worked in the above construction site and retired within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties.

Judgment

The facts charged of this case fall under Articles 109(1) and 36 of the Labor Standards Act and thus, cannot be prosecuted against the victim’s express intent pursuant to Article 109(2) of the Labor Standards Act.

As the victims expressed their intention not to be punished for the defendant after the prosecution of this case, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.