1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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 did not pay the total amount of KRW 11,328,460 as well as KRW 220,670 in November 2, 2015 of D, who worked from September 12, 2007 to September 9, 2018, within 14 days from the date of retirement without agreement between the parties to the extension of the due date for payment.

2. When a worker retires, the employer shall 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 did not pay the D retirement pay of KRW 8,634,968 working from September 12, 2007 to September 9, 2018 within 14 days from the date of retirement without an agreement between the parties to the extension of the due date.

2. Each of the facts charged in this case cannot be punishable against the victim’s will (Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act). According to the records, the victim expressed his/her intent not to be punished against the defendant on March 27, 2019. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.