When a worker dies or retires, the employer 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 worked from May 2, 2013 to July 1, 2013 at the above workplace and did not pay KRW 1,300,000 as wages from May 2, 2013 to July 1, 2013 of retired workers D within 14 days from the date on which the cause for payment occurred, without agreement between the parties to the extension of the due date for payment.

2. The facts charged in the instant case are crimes falling under Articles 109(1) and 36 of the Labor Standards Act that cannot be prosecuted against the victim’s explicit intent under Article 109(2) of the same Act. According to the witness D’s legal statement and D’s written agreement, the victim D can be acknowledged the fact that he/she voluntarily withdraws his/her wishing to punish the Defendant on November 4, 2014, which is after the instant public prosecution was instituted. Thus, the instant public prosecution is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.