When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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, D’s wage of KRW 1,935,00 on November 20, 2017, working from November 1, 2017 to November 20, 2017 at the construction site located in Namyang-si, Namyang-si, did not pay KRW 1,935,00 within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be prosecuted against the victim’s express intent under Article 109(2) of the same Act.

However, according to the records of this case, the victim can recognize the fact that he/she has withdrawn his/her wish to punish the defendant on April 19, 2018, which was after the prosecution of this case was instituted.

Therefore, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.