When a worker dies or retires, the employer 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 is working from January 25, 1992 to December 30, 2019 at the above workplace.

The retirement worker D's total amount of KRW 9,000,000,000 for wages and bonuses of two retired workers, including the wage of KRW 700,000 on October 2019, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date, as shown in the attached list of crimes.

(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 in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 11,445,188 of retirement allowances of two retired workers as well as KRW 5,722,594 of the aforementioned D retirement allowances within 14 days from the date of retirement without any agreement between the parties on the extension of the due date, as shown in the list of crimes in the attached Table.

2. The judgment is a case that falls 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 cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. The fact that the victim’s employee expressed his/her intent not to be punished against the Defendant after the instant indictment was instituted can be acknowledged. Thus, Article 327 subparag. 6 of the