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.

Nevertheless, the Defendant did not pay KRW 16,658,545, which is the total sum of KRW 5,770,184, E’s retirement pay of KRW 3,00,000, F’s retirement pay of KRW 5,993,361, G’s wage of KRW 1,895,00,00, as well as KRW 16,658,545, as of the date of payment extension, within 14 days from the date of retirement without agreement between the parties

The instant case is an offense falling under Article 109(1) of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act, and cannot be prosecuted against the victim’s express intent under Article 108(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. The victims withdrawn their wish to punish the Defendant after the instant indictment. Thus, the prosecution is dismissed under Article 327 subparag. 6 of the Criminal Procedure Act.