1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 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 did not pay the total amount of KRW 7,336,054, including the total amount of wages of KRW 2,00,000,000,000 on February 2, 2017, which was retired from the said workplace from office from January 25, 2016 to June 5, 2017, and KRW 2,00,000,000 on April 2, 2017, and KRW 2,00,00,000 on May 2, 2017, and KRW 33,344,00 on June 33, 207, without agreement on the extension of the payment period between the parties.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 2,674,230 of D retirement pay, which was retired from the said workplace from January 25, 2016 to June 5, 2017, within 14 days from the date on which the grounds for payment occurred, without an agreement between the parties on the extension of the payment deadline.

2. Each of the above facts charged is an offense falling under Articles 109(1) and 36 of the Labor Standards Act (the fact that gold is not liquidated), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act (the fact that payment is not made) 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 injured person D is punished by the Defendant on November 29, 2017, when the instant indictment was instituted.