When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables 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, from October 16, 2018 to November 16, 2018, the defendant is working at the Fteatian Corporation located in Jung-gu, Seoul.

G's wages of KRW 2,530,000 in November 2018 were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Articles 109 (1) and 36 of the Labor Standards Act;

(b) Crimes of non-compliance with an intention: Article 109 (2) of the Labor Standards Act.

C. On December 9, 2020, after the institution of public prosecution, an employee G’s intention not to punish is indicated.

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