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, unless there exists an agreement between the parties on the extension of the due date.

Nevertheless, the Defendant, who was employed by the Defendant on August 4, 2019 and worked until September 28, 2019, did not pay the amount of KRW 1,880,000 of the wages of August 8, 2019 of the retired workers D, and the amount of KRW 1,022,000 of the wages of September 2019, within 14 days from the date of retirement.

2. The facts charged in this case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, and cannot be prosecuted against the victim’s explicit intent pursuant to Article 109(2) of the Labor Standards Act.

According to the statement of the victim D, which was bound in the trial records, the fact that the victim expressed his/her wish not to punish the defendant after filing a request for a summary order. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.