When a worker dies or retires, the employer shall pay the wages, compensations, and all 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 is working from May 22, 2015 to March 31, 2018 at the scene of Goyang-gu, Yongsan-gu, Busan Metropolitan City.

The retired E- 4,329,444 won of wages on April 2017 was not paid within 14 days from the date when the grounds for such payment occurred without an agreement between the parties on the extension of the due date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Provided, That the date of payment may be extended by an agreement between the parties if special circumstances exist.

Nevertheless, the Defendant did not pay the retirement allowance of KRW 17,178,082, which was retired from office, within 14 days from the date on which the cause for the payment occurred, without an agreement between the parties to the extension of the due date, when he/she worked in the workplace from May 22, 2015 to March 31, 2018 at the scene D, Seo-gu, Busan Metropolitan City.

2. Each of the facts charged in the instant case is an offense falling under Articles 109(1) and 36 of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017) and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, after the prosecution of this case was instituted, a written application for punishment was submitted, stating that the defendant does not want to be punished by the original agreement with the worker E.