(a) An employer shall, if a worker retires, pay the wages, compensations, and any other money or valuables within 14 days after the cause for such payment occurred;

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

Defendant did not pay the total amount of KRW 3,237,709, including KRW 1,382,320 in November 1, 2015, and monthly wage 1,85,389 in December of the same year, within 14 days from the date of retirement, without any agreement between the parties on the extension of the date of payment of money and valuables, from August 11, 2014 to December 26, 2015.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

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

Nevertheless, the Defendant did not pay D retirement allowance of KRW 3,32,078 to D within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

2. Each of the facts charged of the instant case is an offense falling under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, respectively, and cannot be punished against the victim’s explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Workers’ Retirement Benefits Guarantee Act.

The record reveals that the victim submitted to this court a written agreement to the effect that he/she did not wish to punish the defendant on June 30, 2017, which was after the prosecution of this case was instituted.

Therefore, in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, a judgment dismissing all of the public prosecution of this case is sentenced.