When an employee retires, the employer in violation of the Labor Standards Act shall pay all money and valuables, such as wages, within 14 days from the date of retirement unless the employer has agreed to extend the due date.

Nevertheless, the Defendant did not pay 52,117,891 won, including 1,279,180 won for April 201, 2013 of E, which served as an production employee from January 1, 2012 to May 20, 2013 at the above workplace, within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned, as shown in the attached Table for Calculation of Overdue Wages.

(b) 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 from the date of retirement, unless otherwise agreed by the parties concerned.

Nevertheless, the Defendant, at the foregoing workplace, did not pay 25,762,50 won in total, including 1,735,630 won in the E retirement pay, which served as an production employee from January 1, 2012 to May 20, 2013, within 14 days from the date of retirement without agreement between the parties on extension of the due date for payment, as stated in the attached Table totaling wages in arrears.

2. In light of the records, the victims cannot bring an action against the victim against the express will of the victim 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 are crimes falling under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the records, the victims can recognize the fact that they expressed their intent not to be punished against the defendant after the institution of each of the instant cases.