When a worker dies or retires, the employer 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, from October 01, 201 to December 31, 2019, the Defendant did not pay 10,620,840 won, including the total amount of wages 8,985,180 won, annual paid leave allowance 1,085,50 won, annual paid leave allowance 55,160 won, and the difference of retirement pay 550,160 won, within 14 days from the date on which the cause for the payment occurred, to the employees D who were in charge of the carter business at the same workplace, without agreement between the parties to the extension of the due date.

Judgment

The facts charged in this case are those 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 express will of the victimized workers under the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

However, since the damaged worker D withdraws his wish to punish the defendant after the indictment of this case was instituted, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.