When a worker dies or retires, an employer shall pay wages, compensations, and all other money and valuables within 14 days from the time when the cause for such payment occurred, but the Defendant did not pay 32,64,729 won in total, including the sum of D’s wages of 3,500,000 won in May 1, 2018, and the monthly wages of 4,000,000 won in October from June 1, 2018 to October 31, 2018, without agreement between the parties on the extension of the payment period, within 14 days from the date when the cause for such payment occurred.

Judgment

The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and Article 109(2) of the Labor Standards Act, and Article 44 proviso of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s specification

However, on May 14, 2019, after the institution of the instant indictment, the withdrawal of the petition, stating the intention of the victimized employee who does not want the Defendant’s punishment, was submitted to this court. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act