When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the defendant works in the above workplace from July 1, 2014 to June 24, 2019.

A retired worker D's wages of 2,200,000 won on May 2019, and wages of 2,560,000 won on June 2019, and 4,760,000 won on June 2, 2019 were not paid respectively within 14 days from each office without an agreement between the parties on the extension of the due date.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay retirement allowances within 14 days from the date when grounds for such payment occurred, unless the payment is extended by mutual agreement between the parties concerned.

Nevertheless, the defendant works in the above workplace from July 1, 2014 to June 24, 2019.

Retirement allowance of retired workers D 15,743,563 won, and 2. From November 1, 2014 to June 4, 2019

The retirement allowance of retired workers E was not paid KRW 14,403,465, total of KRW 30,147,028 within 14 days from each retirement date without any agreement on extension of the due date between the parties concerned.

2. The facts charged in the instant case are those falling under Articles 109(1) and 36 of the Labor Standards Act and Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, which cannot be prosecuted against the express will of the victimized workers under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, workers D and E can recognize the fact that they expressed their intent not to punish the defendant after the prosecution of this case was instituted. Thus, the prosecution of this case is instituted in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.