When a worker retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within fourteen 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 is working from June 28, 2017 to April 30, 2019 at the above workplace.

Withdrawn’s wage of KRW 5,142,664 in January 2019 and KRW 28,603,508 in total, as indicated in the attached list of crimes, did not pay the two workers within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.

An employer in violation of the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred.

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

Nevertheless, the defendant works from June 28, 2017 to April 30, 2019.

A retired retirement allowance of KRW 10,063,239 was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Judgment

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act;

(b) Crimes of non-violation of will: Article 109(2) of the Labor Standards Act, proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act.

C. On July 22, 2019 and October 21, 2019, after the institution of the instant case, the victims expressed their intention not to be punished by the Defendant.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;