1. When a worker dies or retires, the employer shall pay the wages, compensations, and all 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 is working in the above workplace from August 20, 207 to July 4, 2019.

Withdrawn’s wages of KRW 2,492,00 in October 2018 and KRW 2,892,00 in June 2019, and KRW 11,541,160 in total, including the wage of KRW 373,160 in July 201, were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

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 according to an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 24,118,861 as retirement allowance of the above E within 14 days from the date of retirement without agreement between the parties on the extension of the payment due date.

2. Determination

(a) Crimes of non-violation of will: Article 109(2) of the Labor Standards Act and the latter part of Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. After the prosecution of this case, the employee E expressed his intention not to be punished by the defendant

(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;