1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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 had worked from January 10, 2013 to June 30, 2015 as D’s wages of KRW 1,500,000 in May 2015, and KRW 3,000 in June 2015, and KRW 4,500,000 in June 1, 2015, and KRW 500,000 in May 1, 2015 to June 30, 2015, the Defendant did not pay KRW 7,00 in total, including KRW 2,50,000 in June 2, 2015, and KRW 7,000 in June 30, 2015 within 14 days from the date of retirement without agreement between the parties concerned.

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 by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 9,608,893 within 14 days from the date of retirement without agreement between the parties to the extension of the due date for payment, including KRW 4,707,926 of D retirement pay and KRW 4,900,967 of E’s retirement pay from October 1, 2012 to June 30, 2015.

2. The facts charged in the instant case are 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, and cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

After the prosecution of this case, on August 25, 2016, the victim D and E want to be punished.