When an employee retires, an employer shall pay the employee a retirement allowance, such as wages, within 14 days after the ground for such payment occurred.

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

Nevertheless, the defendant entered the same workplace as of July 8, 2010 and re-entered on October 14, 2013 after retirement on June 30, 2013, and then sold by June 14, 2014, the defendant entered the same workplace as of June 14, 2014 and was in charge of management until January 14, 2013, and paid 3,034,629 won of retired E retirement pay as of May 21, 2014, and did not pay 8,641,101 won within 14 days from the retirement day, which is the date on which the grounds for payment occurred, without an agreement between the parties on the extension of the payment date.

2. The facts charged in the instant case are the crimes falling under Article 44 subparagraph 1 of the Act on the Guarantee of Workers’ Retirement Benefits, which cannot be prosecuted against the victim’s explicit intent. According to the records, the victim D can be acknowledged on December 21, 2015 as the victim E withdraws his/her wish to punish each Defendant on January 19, 2016, and the indictment in the instant case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.