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.

Nevertheless, the Defendant had worked from July 11, 2016 to September 26, 2017 at the above workplace and had retired workers E's wages of 180,000 won in July 2016 and paid 59,220,000 won in total for nine wages and annual allowances as shown in the attached crime list, such as the attached crime list.

(b) An employer who violates 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 the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the above workplace from July 11, 2016 to September 26, 2017, did not pay the total amount of KRW 38,934,644, including the total amount of KRW 3,975,384, as stated in the separate crime list, within 14 days from the date of retirement, as well as the total amount of KRW 38,934,64, as stated in the separate crime list.

2. Each of the facts charged in the instant case is a case in which a public prosecution may not be instituted against the intent expressed by the victim under the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act.

However, according to the trial records, it is recognized that all workers after the prosecution of this case expressed their intention not to punish the defendant.