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

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

Defendant 1,61,784 won, total of three retired workers, including KRW 1,9,97, June 6, 2016, and KRW 1,978,538,538, total of KRW 3,332,435, as indicated in the attached crime list, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of payment date.

(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.

The Defendant did not pay the total of KRW 14,115,729, including KRW 3,910,198 of the retirement allowances of the above employee D within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline, as shown in the list of crimes in the attached Table.

2. We examine the judgment. The crime falls 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, and 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 Act on the Guarantee of Workers’ Retirement Benefits. According to each written withdrawal bound in the trial records of this case, the victim E, F, and D wishes to punish the Defendant on February 7, 2017, which is after the prosecution of this case.