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

The Defendant did not pay KRW 3,648,010, and KRW 2,913,350 to workers E who worked in the same workplace from March 1, 201 to February 8, 2015, within 14 days from each retirement date, without any agreement on the extension of the payment date with each worker and each worker. < Amended by Act No. 1056, Feb. 8, 2011>

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within 14 days from the date when the cause for such payment occurred;

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

The Defendant did not pay KRW 13,628,456 of the amount of retirement allowances of employees D, who worked in the foregoing workplace from March 1, 2011 to February 8, 2015, and KRW 51,772,534 of the total amount of four employees, as shown in the list of crimes in the attached list of crimes, within 14 days from the date of each retirement without any agreement on the extension of the payment date with each worker.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent under 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 written agreement between the Defendant and the victims, the victims do not wish to punish the Defendant after the instant indictment was instituted.