(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;

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

Nevertheless, the Defendant did not pay KRW 20,770,210 as well as KRW 1,60,000 in April 1, 2016, which was employed from July 1, 2013 to April 30, 2016 and retired from office, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties, as stated in the attached Form.

(b) Where an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant was serving from July 1, 2013 to April 30, 2016 and did not pay KRW 6,230,356 of D retirement pay within 14 days from the date of retirement without an agreement between the parties on the extension of payment deadline.

2. The offense charged with the judgment is an offense 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, and Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act, and an offense against the victim’s explicit intent is not prosecuted.

In this regard, according to the Non-Application for the Punishment No. 23 of April 23, 2018, the victim D expressed his/her intention not to be punished against the defendant.

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