Where an employee retires, an employer shall pay wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant employed the said workplace from August 1, 2014 to October 31, 2016, and from December 1, 2016 to September 12, 2017, and did not pay KRW 20,000,000 as well as retirement allowances and KRW 8,823,100 within 14 days from the date of retirement without agreement between the parties on the extension of payment period.

2. Each of the facts charged of the instant case is not punishable against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits. The victim submitted a written withdrawal of complaint stating that “The victim shall withdraw all of the complaint because he/she agreed upon with the Defendant,” which was after the instant indictment, on October 17, 2018.”

The indictment of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, since the expression of intent was withdrawn from the injured party's wishes to punish. It is so decided as per Disposition.