When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, unless the date is extended by an agreement between the parties concerned.

Nevertheless, the Defendant, while working in the said workplace from March 1, 201 to April 30, 2014, did not pay KRW 5,010,600 to retired workers E’ wages, from April 1, 2011 to April 30, 2014, KRW 9,416,540 of retired workers’ wages, and KRW 3,399,160 of retired workers’ wages, total KRW 17,826,300 within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties concerned. < Amended by Act No. 10574, Nov. 21, 2011; Act No. 1283, Apr. 30, 2014>

(b) When a worker retires, the employer shall pay retirement allowances within 14 days from the date when the cause for such payment occurred, unless the time limit for payment is extended by agreement between the parties concerned.

Nevertheless, the Defendant did not pay the said E’s retirement allowance of KRW 7,459,830, the said F’s retirement allowance of KRW 9,788,290, and the said G’s retirement allowance of KRW 21,694,260 within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. Public prosecution may not be instituted against the victim’s explicit will 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, and Article 109(2) of the Labor Standards Act and the proviso to Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, since all of the above workers after the institution of the prosecution of this case were submitted a written application for the punishment that they did not want the punishment of the defendant, this case is subject to Article 327 subparagraph 6 of the Criminal Procedure Act.