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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant is working from April 3, 2017 to April 3, 2019.

A retired worker D's total amount of KRW 8,601,690, including the total amount of KRW 1,935,484 in December 2018, and KRW 1,935,484 in January 2019, KRW 66,67 in January 2019, KRW 1,928,571 in February 2019, KRW 1,935,484 in March 2019, and KRW 8,601,690 in April 20, 2019, without an agreement between the parties on the extension of the payment date.

(b) 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 is working from April 3, 2017 to April 3, 2019.

The retirement allowance of retired workers D was not paid 4,158,288 won within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. The facts charged in the instant case are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. Since the “written withdrawal of complaint” of the victim’s preparation indicating the victim’s intention not to punish the Defendant was submitted to this court on July 5, 2019, after the instant indictment was instituted, Article 327 of the Criminal Procedure Act.