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.

Nevertheless, from May 15, 2006 to February 25, 2012, the Defendant did not pay KRW 1,414,280 as wages for February 2012, which was worked as a cook at the same workplace, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, from May 15, 2006 to February 25, 2012, the defendant works as a cook in the above workplace.

The retirement allowance of 7,986,831 won was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. In light of the records, the court below held that the defendant could not be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and Article 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits, which constitutes a crime 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. According to the records, the victim may recognize the fact that he/she has withdrawn his/her wishing to punish the defendant on July 22, 2014

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.