(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay 4,50,000 won in total, including D’s wage 1,414,290 won in December 2013, 2014, wage 1,80,000, and wage 1,285,710 won in February 2014, and wage 1,285,710 won in February 2014, within 14 days from the date of retirement without agreement between the parties on the extension of payment period.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

Nevertheless, the Defendant did not pay KRW 1,847,710 of D retirement pay from February 3, 2013 to February 20, 2014 at the above workplace within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

2. The above facts charged are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which 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. According to the records, workers D may recognize the fact that he/she has withdrawn his/her wish to punish the Defendant after the institution of the instant indictment.

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