(a) When a worker dies or retires, an employer violating the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Provided, That if there are special circumstances, the date may be extended by the agreement of the parties.

Nevertheless, the defendant had worked in the above workplace from June 3, 2013 to September 2, 2016 and did not pay KRW 96,153 of his/her retired worker D's wages in September 2016 to 14 days from the date of his/her retirement without an agreement on the extension of the payment period between the parties.

(b) An employer who violates a guarantee for retirement benefits of a worker shall, in cases where the worker retires, pay the retirement allowance within 14 days from the date on which the grounds for such payment occurred, unless the parties agree to extend the payment deadline;

Provided, That if there are special circumstances, the date may be extended by the agreement of the parties.

Nevertheless, the defendant had worked in the above workplace from June 3, 2013 to September 2, 2016 and did not pay 3,980,045 won of retirement allowances for retired workers D until 14 days from the date of retirement without an agreement on the extension of the payment period between the parties.

2. Determination

(a) Crimes of non-violation of intention: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

B. On July 7, 2017, after the prosecution of this case, a document stating that employee D does not want to be punished by the defendant is submitted.

Judgment dismissing Public Prosecution: Article 327 subparag. 6 of the Criminal Procedure Act