When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and 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 works in charge of pipeline installation from October 30, 2014 to September 30, 2018 at the above workplace.

The retired E's wage of KRW 1,507,990 for September 2018 was not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

An employer in violation of the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker dies or retires, pay the retirement allowance within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant is working as pipeline installation manager from October 30, 2014 to September 30, 2018.

The retirement allowance of the retired E was not paid 9,298,846 won within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Judgment

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

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

C. On May 23, 2019, after the prosecution of this case, the victim expressed his/her intention not to have the criminal defendant punished.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;